The Department intends to update Rule Chapter 65E-20, F.A.C., to comport with current practice and law. These rules were last updated 10 to 34 years ago.  

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    DEPARTMENT OF CHILDREN AND FAMILIES

    Mental Health Program

    RULE NOS.:RULE TITLES:

    65E-20.002Definitions

    65E-20.003Rights of Individuals

    65E-20.004The Right to Treatment

    65E-20.005The Right to Express and Informed Consent

    65E-20.006The Right to Communication, Abuse Reporting and Visits

    65E-20.007The Right to Vote in Public Elections

    65E-20.008The Right to Confidentiality of a Forensic Client's Clinical Record

    65E-20.009The Right to Be Informed

    65E-20.011Receipt of Commitment Orders and Required Documentation

    65E-20.012Admission to a Forensic Facility

    65E-20.014Seclusion and Restraint for Emergency Behavior Management Purposes

    PURPOSE AND EFFECT: The Department intends to update Rule Chapter 65E-20, F.A.C., to comport with current practice and law. These rules were last updated 10 to 34 years ago.

    SUMMARY: The amendments accomplish the following: 1) Incorporated forms are updated and/or removed if obsolete; 2) Consolidates client’s rights into one rule; 3) Definitions are revised for clarity and statutory references are updated; 4) Removed definition for term not used in rule chapter; 5) Updated contact information for sending commitment packages; 6) Requires staff to notify the Forensic Admissions Office and Facility Administrator to determine available options when a client who is not assigned to a particular facility and scheduled for admission arrives at a facility; 7) Delineates required members for each facility’s Seclusion and Restraint Oversight Committee; 8) Requires the outcomes of the review of a seclusion and restraint incident to be documented by the facility for purposes of continuous performance improvement and monitoring; and 9) Changes references from ARNP to APRN.

    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: 916.1093(2), FS.

    LAW IMPLEMENTED: 916.105, 916.106, 916.107, 916.1085, 916.1093, 916.13, 916.15, 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 (850)717-4470 or Jodi.abramowitz@myflfamilies.com.

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    65E-20.002 Definitions.

    (1) Act: the Forensic Client Services Act.

    (1)(2) Advanced Practice Registered Nurse Practioner: as defined in Section 464.003(3)(7), F.S.

    (3) Client Representative: the client’s attorney of record, next of kin, or any other relative or person designated by the client. If none is designated, the attorney of record shall be the client representative.

    (2)(4) Commitment: means a court ordered involuntary hospitalization or placement of a forensic client according to the procedures of this act. It does not include voluntary admission of any client.

    (3)(5) Individual: means a person with a mental illness who has been charged with a felony offense or acquitted of a felony offense by reason of insanity and is being served in a forensic facility. The term is synonymous with “defendant,” “client,” “patient,” or “resident.”

    (4)(6) Personal Safety Plan: means a plan regarding strategies that the individual identifies as being helpful in avoiding a crisis. The plan also lists identified triggers that may signal or lead to agitation or distress.

    (5)(7) Physician: means aA medical practitioner licensed under Chapter 458 or 459, F.S., who has experience in the diagnosis and treatment of mental and nervous disorders.

    (6)(8) Recovery Plan”: means may also be referred to as a “service plan” or “treatment plan.” A recovery plan is a written plan developed by the individual and his or her recovery team to facilitate achievement of the individual's recovery goals. This plan is based on assessment data, identifying the individual’s clinical, rehabilitative and activity service needs, the strategy for meeting those needs, documented treatment goals and objectives, and documented progress in meeting specified goals and objectives.

    (7)(9) Recovery Team: means may also be referred to as “service team” or “treatment team.” A recovery team is an assigned a group of individuals with specific responsibilities identified on the recovery plan who support and facilitate an individual’s recovery process. Team members may include the individual, psychiatrist, guardian, community case manager, family member, peer specialist, and others as determined by the individual’s needs and preferences.

    (8)(10) Restraint: means as is defined in Section 916.106(15)(14), F.S. A drug used as a restraint is defined in Section 916.106(14)(b), F.S. Physically holding a person during a procedure to forcibly administer psychotropic medication is a physical restraint.

    (9)(11) Seclusion: means as is defined in Section 916.106(16), F.S.

    (10)(12) Seclusion and Restraint Oversight Committee means a group of individuals at an agency or facility that monitors the use of seclusion and restraint at the facility. The purpose of this committee is to assist in the reduction of seclusion and restraint use at the agency or facility. Membership includes, but is not limited to, the facility administrator/designee, medical staff, quality assurance staff, and a peer specialist or advocate, if employed by the facility or otherwise available. If a peer specialist or advocate is not employed by the facility, an external peer specialist or advocate may be appointed.

    (11)(13) Treatment: means mental health services which are provided to individuals, individually or in groups, including: counseling, supportive therapy, psychotherapeutic medication, intensive psychotherapy, or any other accepted therapeutic process.

    (12)(14) Walking Restraint: means a type of restraint device that allows an individual limited mobility but still prevents harm to self or others. It is intended as a less restrictive form of restraint (also referred to as an “ambulatory” restraint).

    Rulemaking Authority 916.1093(2) FS. Law Implemented 916.106, 916.106(15)(14), (16) FS. History–New 9-29-86, Amended 7-1-96, Formerly 10E-20.002, Amended 1-28-10. Amended_____

     

    65E-20.003 Rights of Individuals The Right to Individual Dignity.

    In addition to those rights elements of dignity and respect enumerated in Section 916.107(1), F.S., every forensic client is entitled to the following:

    (1) Right to Individual Dignity

    (1) through (2) are redesignated (a) through (b) No change.

    (c)(3) Appropriate seasonal attire; and,

    (d)(4) No change.

    (2) Right to Treatment

    (a) Within existing resources, the Department and contracted providers shall not deny or delay mental health services to any forensic client under any circumstances, except where allowed by law.

    (b) Forensic clients committed pursuant to Chapter 916, F.S., shall be given within 24 hours of admission, and at least annually thereafter, a physical examination by a licensed physician or other health practitioner as authorized by law. In the event of refusal of the examination by the client, the procedures for emergency treatment shall apply.

    (c) If a forensic client has been adjudicated incompetent under the provisions of Chapter 744, F.S., a copy of the client’s individualized treatment or rehabilitation plan shall be provided to the legal guardian within 30 calendar days of the client’s admission.

    (d) Every reasonable effort shall be made to communicate treatment information to the client in a language the client understands. Reasonable effort means the use of auxiliary aids or services, certified interpreters, and translators.

    (3) Right to Express and Informed Consent

    (a) Informed Consent.

    1. Upon admission to a forensic facility, a client, or the person authorized to provide consent for treatment on behalf of the client, shall be asked to sign an “Informed Consent for Psychotherapeutic Medication,” CF 1630, Jul 2014, which is incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX. The signed authorization form establishes express and informed consent.

    2. The facility shall not administer psychotherapeutic medication until the required authorization form is signed, except in those cases where emergency treatment is ordered by a physician as provided in Section 916.107(3), F.S.

    (b) Specialized Consent Requirements and Procedures.

    1. In each separate instance where surgical procedures require the use of a general anesthetic, special written consent shall be obtained, prior to performing the procedure, from the client or the person legally authorized to provide consent if the client is a minor or has been declared incompetent under the provisions of Chapter 744, F.S.

    2. In each separate instance where electroconvulsive treatment is to be used, pursuant to Section 458.325, F.S., there must be specific written informed consent from the client, or the person legally authorized to provide consent if the client is a minor or has been declared incompetent under the provisions of Chapter 744, F.S, prior to performing the procedure by using the “Authorization for Electroconvulsive Treatment for a Resident of a State Mental Health Treatment Facility,” CF-MH 3057F, Jul 2008, which is incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX.

    3. The provision of psychosurgical or electroconvulsive treatment requires the written concurrence of a second, nonattending physician pursuant to Section 458.325, F.S.

    4. Written consent for routine nonpsychiatric medical procedures or treatment shall be received from the client or the person legally authorized to provide consent on behalf of the client.

    5. Any authorization for treatment given by an administrator of a forensic facility or his designated representative pursuant to Section 916.107(3)(b), F.S., shall be clearly documented in the client’s clinical record and the client’s guardian, if applicable, and next of kin shall be notified.

    (4) The Right to Communication, Abuse Reporting, and Visits.

    (a) Communication.

    1. Every forensic client shall be allowed to receive correspondence and may send an unlimited number of letters.

    a. Each facility shall provide stationery and writing implements for indigent forensic clients, and shall pay postage on up to three outgoing pieces of correspondence each week.

    b. The term “correspondence” shall not include parcels or packages. Forensic facilities shall develop policies and procedures to provide for the inspection of parcels or packages, and for the removal of contraband items for health or security reasons prior to the contents being given to the client, and shall include a system in which items removed as contraband are inventoried, notification given to the client of what was removed and why, as well as a process to either store the contraband material at the facility, or arrange to have it picked up or mailed to a person designated by the client or, in cases of contraband, transferred to the appropriate law enforcement agency.

    2. Upon admission, a forensic facility shall advise clients of the facility of rules governing written and verbal communications, including telephone calls and visitation between clients and others outside the facility.

    3. A forensic client’s right to communicate shall not be restricted as a means of discipline, punishment, or to serve only the convenience of facility staff.

    (b) Abuse Reporting.

    1. All facilities providing mental health services, pursuant to Chapter 916, F.S., shall provide for the reporting of abuse in accordance with the provisions of Chapter 415, F.S., “Protection from Abuse, Neglect, and Exploitation.”

    2.  Each forensic facility as defined in Chapter 916, F.S., shall provide:

    a. A verbal and written explanation to each client of the procedures for reporting an alleged abuse,

    b. Client access to a telephone for the purpose of reporting an alleged abuse, which should be immediate for all clients except those in seclusion or restraints, in which case access should be as soon as is practical, but in no event shall exceed 4 hours from the time the client requests access to the telephone to report an alleged abuse; and,

    c. The posting, in plain view, of:

    (I). A copy of the abuse reporting procedure,

    (II). The telephone number of the abuse registry.

    3. All forensic facilities shall maintain verification that all staff understand and are aware of the abuse reporting procedures as a condition of employment.

    (5) The Right to Vote in Public Elections.

    (a) Any forensic client not disqualified by law, and meeting the legal age and residency requirements of the state, shall be assisted in registering to vote and in voting if he so requests.

    (b) A client who is properly registered to vote in a county other than the county of placement shall be assisted in making application for an absentee ballot in that county if he so requests. A client who is not registered to vote shall be assisted in registering in the county of his permanent residence, if he so requests.

    (c) If a client requests assistance in voting, registering, or in getting information about voting requirements, staff at the facility shall assist him in obtaining the information.

    (6) The Right to Confidentiality of a Forensic Client’s Clinical Record.

    (a) The clinical record of every forensic client is confidential and shall be clearly indicated as such. Other than the exceptions noted in Section 916.107(8), F.S., and as implemented below, information may only be released when the client or his guardian, if a minor or adjudged incompetent under the provisions of Chapter 744, F.S., signs an “Authorization for Release of Information” CF-MH 3044, Feb 2005, which is incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX. This authorization must contain the name of the person or agency to whom the information is to be released, the purpose of the release, and the time period within which the authorization is valid.

    (b) Information received on a privileged and confidential basis from third parties, other than an Department treatment facility or Florida community provider, shall be restricted from release when the administrator determines that the information would adversely affect the client’s treatment or violate the rights of another person. Every record which is released shall indicate where third party privileged and confidential records were withheld.

    (c) When a clinical record, or any part thereof, is released to any person or agency for any purpose, each page, or part thereof, shall be marked as follows: “Confidential and Privileged Information for Professional Use Only.”

    (d) All forensic clients have the right of reasonable access to their own medical records on a continuing basis, except for privileged and confidential records from third party sources. The right of reasonable access shall be clarified through written policies maintained by each facility. A client’s attorney shall have access to records upon written authorization from the client.

    (e) If a request is made by a parent or legal guardian for the client’s recovery treatment plan, or current physical and mental condition, the request shall be made in writing and signed.

    (f) Whenever a forensic client has declared an intention to harm others, any notification to law enforcement, pursuant to Section 394.4615, F.S., shall be done by the facility administrator or the facility administrator's designee, and shall be documented in the client’s clinical record.

    (7) The Right to Be Informed.

    (a) All forensic clients have the right to timely and meaningful information about their rights. Each client shall be informed of his rights as a forensic client in a forensic facility at the time of admission.

    (b) Each forensic facility shall post in a conspicuous place or places a list of all forensic client rights and, upon request, make available the list translated into another language.

    (c) Each forensic facility shall maintain on the premises of the treatment site, an up-to-date copy of Chapter 916, F.S., and an up-to-date copy of these rules, and shall have these documents available for inspection upon the request of a client, the client’s representative, the client’s guardian, friends or relatives of the client.

    Rulemaking Authority 916.1093 FS. Law Implemented 916.107(1) FS. History–New 9-29-86, Amended 7-1-96, Formerly 10E-20.003, Amended 1-28-10. Amended______.

     

    65E-20.004 The Right to Treatment.

    Rulemaking Authority 916.1093(2) FS. Law Implemented 916.107(2) FS. History–New 9-29-86, Formerly 10E-20.004. Repealed___.

     

    65E-20.005 The Right to Express and Informed Consent.

    Rulemaking Authority 916.1093(2) FS. Law Implemented 916.107(3) FS. History–New 9-29-86, Amended 7-1-96, Formerly 10E-20.005, Amended 9-29-98. Repealed____.

     

    65E-20.006 The Right to Communication, Abuse Reporting and Visits.

    Rulemaking Authority 916.1093(2) FS. Law Implemented 916.107(5) FS. History–New 9-29-86, Amended 7-1-96, Formerly 10E-20.006. Repealed____.

    6

    5E-20.007 The Right to Vote in Public Elections.

    Rulemaking Authority 916.1093(2) FS. Law Implemented 916.107(7) FS. History–New 9-29-86, Amended 7-1-96, Formerly 10E-20.007. Repealed____.

     

    65E-20.008 The Right to Confidentiality of a Forensic Client’s Clinical Record.

    Rulemaking Authority 916.1093(2) FS. Law Implemented 916.107(8) FS. History–New 9-29-86, Amended 7-1-96, Formerly 10E-20.008, Repealed____.

    65E-20.009 The Right to Be Informed.

    Rulemaking Authority 916.1093(2) FS. Law Implemented 916.107 FS. History–New 9-29-86, Formerly 10E-20.009. Repealed____.

     

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

    (1) Commitment orders pertaining to any person committed to the Department of Children and Families Family Services pursuant to the provisions of Chapter 916, F.S., shall be sent to the Department of Children and Families 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 sent mailed to one of the following addresses:

    For mentally ill forensic clients, the preferred method is to send via email to DCF.Adult.Forensic.Admissions@myflfamilies.com.

    Alternatively, packets can be mailed to: 

    Forensic Admission Coordinator,

    Department of Children and Families/SAMH Mental Health Program Office

    1317 Winewood Boulevard, Building 6

    Tallahassee, FL 32399-0700

    (850)(805)487-3471

    For developmentally disabled forensic clients, the preferred method is to send via email to APD.Forensic.Admissions@apdcares.org.

    Alternatively, packets can be mailed to: 

    APD Forensic Admissions

    4030 Esplanade Way

    Tallahassee, FL 32399-0950

    (850) 414-7592

    For mentally retarded forensic clients:

    Mentally Retarded Defendant Program

    P.O. Box 1000

    Chattahoochee, FL 32324

    (805)663-7512

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

    (a) through (b) No change.

    (2) through (4) No change.

    Rulemaking Authority 916.1093(2) FS. Law Implemented 916.107, 916.302 FS. History–New 9-29-86, Amended 7-1-96, Formerly 10E-20.011, Amended 11-29-12. Amended______.

     

    65E-20.012 Admission to a Forensic Facility.

    (1) Forensic facilities shall admit forensic clients who are:

    (a) Assigned and scheduled for admission by the appropriate Forensic Admissions Office; and,

    (b) No change.

    (2) No change.

    (3) In any case where a client who is not assigned to a particular facility and scheduled for admission arrives at a facility the Order of Commitment or accompanying documentation is not complete, facility staff shall immediately notify the Forensic Admissions Office and the Facility Administrator to determine available options. for authorization to admit the client when appropriate.

    (4) A physical examination shall be conducted on the day of arrival of the client at a forensic facility. Any apparently recent injuries noted shall be reported to the administrator of the county jail sending the forensic client. Photographs of injuries shall may be taken as evidence.

    Rulemaking Authority 916.1093(2) FS. Law Implemented 916.13, 916.15 FS. History–New 9-29-86, Amended 7-1-96, Formerly 10E-20.012, Amended 9-29-98. Amended______.

     

    65E-20.014 Seclusion and Restraint for Emergency Behavior Management Purposes.

    (1) General Standards.

    (a) through (n) No change.

    (o) Each facility utilizing seclusion or restraint procedures shall establish and utilize a Seclusion and Restraint Oversight Committee. Members of the Committee shall include, but is not limited to, the facility administrator/designee, medical staff, quality assurance staff, and a peer specialist or advocate, if employed by the facility or otherwise available. If a peer specialist or advocate is not employed by the facility, an external peer specialist or advocate may be appointed.

    (2) No change.

    (3) Prior to the Implementation of Seclusion or Restraint.

    (a) Prior intervention shall include individualized therapeutic actions identified in a personal safety plan that address individual triggers leading to psychiatric crisis. Recommended form CF-MH 3124, Feb. 05, “Personal Safety Plan,” which is incorporated herein by reference, may be used for the purpose of guiding individualized techniques. Recommended form CF-MH 3124 is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX and may also be accessed from the Ddepartment’s website at “http://www.dcf.state.fl.us/mental health/laws.”

    (b) No change.

    (c) A personal safety plan shall be completed upon or updated as soon as possible after admission and at least every 12 months thereafter and filed in the individual’s clinical medical record.:

    1. No change.

    2. Specific intervention techniques from the personal safety plan that are offered or used prior to a seclusion or restraint event shall be documented in the individual’s clinical medical record after each use of seclusion or restraint; and,

    3. No change.

    (d) Contraindications to the use of specific seclusion or restraint techniques due to medical conditions shall will be documented in the individual’s clinical medical record as part of the individual’s admission and subsequent physical examination or psychiatric evaluation. Staff shall be informed of any contraindications as determined by the physician or Advanced Practice Registered Nurse (APRN) Practitioner (ARNP) and shall utilize other techniques as indicated on the individual’s personal safety plan.

    (4) Implementation of Seclusion or Restraint.

    (a) No change.

    (b) An order for seclusion or restraint must be obtained from the physician, APRN ARNP, or Physician’s Assistant (PA), if permitted by the facility to order seclusion and restraint and stated within their professional protocol. The treating physician must be consulted as soon as possible if the seclusion or restraint was ordered by another physician.

    (c) The individual must be seen face-to-face by a physician or APRN ARNP within one hour after initiation of seclusion or restraint. The face-to-face exam may be delegated to a Registered Nurse (RN) or PA if authorized by the facility and the individual has been trained in seclusion and restraint procedures as described in subsection (2). The staff member conducting the face-to-face examination shall evaluate or review, and document the following within one hour:

    1. through 3. No change.

    4. The individual’s medication orders, including an assessment of the need to modify such orders during the period of seclusion or restraint. If the face-to-face exam is completed by the RN or PA, the RN or PA shall consult with the physician or APRN ARNP regarding the need to modify the resident’s medication orders;,

    5. through 7. No change.

    (d) A licensed psychologist may only conduct the behavioral assessment portion of the face-to-face exam indicated in subparagraph (4)(c)3., if authorized by the facility and trained in seclusion and restraint procedures as described in subsection (2). If the face-to-face evaluation is conducted by a trained Registered Nurse or physician assistant, the attending physician who is responsible for the care of the individual must be consulted as soon as possible after the evaluation is completed.

    (e) Documentation of the face-to-face examination described in subparagraphs (4)(c)1.-7., including the time and date completed, shall be included in the individual’s clinical medical record.

    (f) Each written order for seclusion or restraint is limited to four hours for adults, age 18 and over; and two hours for youth age 9 through 17. A seclusion or restraint order may be renewed every two hours for youth and every four hours for adults, after consultation and review by a physician, APRN ARNP, or PA in person, or by telephone with a Registered Nurse who has physically observed and evaluated the individual. The order may only be renewed for up to a total of 24 hours. When the order has expired after 24 hours, a physician, APRN ARNP, or PA must see and assess the individual before seclusion or restraint can be re-ordered. The results of this assessment must be documented. Seclusion or restraint use exceeding 24 hours requires the notification of the facility administrator or the facility administrator’s designee.

    (g) through (l) No change.

    (m) For youth under the age of 18, the facility must notify the parent(s) or legal guardian(s) of the individual who has been restrained or placed in seclusion within 24 hours after the initiation of each seclusion or restraint event. This notification must be documented in the individual’s clinical medical record, including the date and time of notification and the name of the staff person providing the notification.

    (n) Every secluded or restrained individual shall be immediately informed of the behavior that resulted in the seclusion or restraint and the behavior and the criteria necessary for release. Release criteria shall reflect that the individual is not an imminent danger to self or others.

    (o) For each use of seclusion or restraint, the following information shall be documented in the individual’s clinical medical record:

    1. No change.

    2. Alternatives or other less restrictive interventions attempted, as applicable, or the clinical determination that less restrictive techniques could not be safely applied;,

    3. through 5. No change.

    (5) During Seclusion or Restraint Use.

    (a) through (d) No change.

    (e) During each period of seclusion or restraint, the individual must be offered reasonable opportunities to drink and toilet as requested. In addition, the individual who is restrained must be offered opportunities to have range of motion at least every two hours to promote comfort. Each facility shall have written policies and procedures specifying the frequency of providing drink, toileting, checking of body positioning to avoid traumatizing an individual, and retaining the individual’s maximum degree of dignity and comfort during the use of bodily control and physical management techniques.

    (f) No change.

    (6) Release from Seclusion or Restraint and Post-Release Activities.

    (a) through (b) No change.

    (c) Each facility shall develop policies to address:

    1. A review of the incident with the individual who was secluded or restrained. The individual shall be given the opportunity to process the seclusion or restraint event as soon as possible but no longer than within 24 hours of release. This debriefing discussion shall take place between the individual and either the recovery team or another preferred staff member. This review shall address the incident within the framework of the individual’s life history and mental health issues. It shall assess the impact of the event on the individual and help the individual identify and expand coping mechanisms to avoid the use of seclusion or restraint in the future. The discussion will include constructive coping techniques for the future. A summary of this review should be documented in the individual’s clinical medical record.

    2. A review of the incident with all staff involved in the event and supervisors or administrators. This review shall be conducted as soon as possible after the event but no longer than within 24 hours of release and shall address: the circumstances leading to the event; the nature of de-escalation efforts; alternatives to seclusion and restraint attempted; staff response to the incident; and ways to effectively support the individual’s constructive coping in the future and avoid the need for future seclusion or restraint. The outcomes of this review shall should be documented by the facility for purposes of continuous performance improvement and monitoring. The review findings will be forwarded to the Seclusion and Restraint Oversight Committee.

    3. No change.

    (d) through (f) No change.

    (7) through (8) No change.

    Rulemaking Authority 916.1093(2) FS. Law Implemented 916.105(4), 916.107(4)(b), 916.1093(2) FS. History–New 1-28-10. Amended______.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Elaine Fygetakis

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

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 4, 2020

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 13, 2020