Amendments align these Baker Act rules with recent statutory changes to Chapter 394, F.S., provide additional clarity for providers and other stakeholders, and update rules to meet current best practice guidelines.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Mental Health Program

RULE NOS.:RULE TITLES:

65E-5.100Definitions

65E-5.120Forms

65E-5.1303Discharge from Receiving and Treatment Facilities

65E-5.1703Emergency Treatment Orders for the Administration of Phychotropic Medications

65E-5.260Transportation

65E-5.2601Transportation Exception Plan

65E-5.270Voluntary Admission

65E-5.280Involuntary Examination

65E-5.2801Minimum Standards for Involuntary Examination Pursuant to Section 394.463, F.S

PURPOSE AND EFFECT: Amendments align these Baker Act rules with recent statutory changes to Chapter 394, F.S., provide additional clarity for providers and other stakeholders, and update rules to meet current best practice guidelines.

SUMMARY: Amendments include: (1) Updates definitions to add new definitions and removes obsolete definitions; (2) Eliminates distinctions between mandatory and recommended; (3) Allows providers to make formatting modifications to forms; (4) Adds discharge planning requirements; (5) Allows telehealth as a mode for an ETO Order; (6) Extends ETO’s from 24 to 48 hours for state mental health treatment facilities; (7) Adds language to ensure providers comply with Chapter 39 F.S.; (9) Simplifies the form that LEO and others are required to complete and submit to receiving facilities when taking an individual into custody for involuntary examination under a Baker Act or involuntary admission under the Marchman Act; (10) Adds new clinical review process to verify voluntary assent of minors; (11) Requires submission of data through new Baker Act data collection portal; (12) Requires submission of transportation form when individual transported to a receiving facility; and (13) Expands scope of psychiatric nurses to conduct Baker Act examinations and discharges.

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), 394.46715 FS

LAW IMPLEMENTED: 394.455, 394.457, 394.4573, 394.459, 394.4598, 394.4599, 394.460, 394.462, 394.4625, 394.463, F.S. 394.4655, 395, 400, 400.102(1) 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-5.100 Definitions.

As used in this chapter the following words and phrases have the following definitions:

(1) “Advance directive”  as defined means a witnessed written document described in Section 765.101, F.S.

(2) “Assent” is an affirmative agreement by the minor to remain at the receiving facility for examination and treatment.

(3)(2) “Assessment” means the systematic collection and integrated review of individual-specific data. It is the process by which individual-specific information, such as examinations and evaluations, are gathered, analyzed, monitored, and documented to develop the individual’s recovery person’s individualized plan of treatment and to monitor recovery. Assessment specifically includes efforts to identify the individual’s person’s key medical and psychological needs, competency to consent to treatment, patterns of a co-occurring mental illness and substance use disorder abuse, as well as clinically significant neurological deficits, traumatic brain injury, organicity, physical disability, developmental disability, need for assistive devices, and physical or sexual abuse or trauma.

(4) “Care coordination” as defined in Section 394.4573(1)(a), F.S.

(3) Certified recovery specialist means an individual credentialed by the Florida Certification Board as a Certified Recovery Peer Specialist, Certified Recovery Peer Specialist – Adult, Certified Recovery Peer Specialist – Family, Certified Recovery Peer Specialist – Veteran, or Certified Recovery Support Specialist.

(5) “Clinical review for minors” means the process of collecting and analyzing information about a minor presenting for voluntary admission or transfer to voluntary status at a receiving facility. The review must include an interview with the minor, and may include collection of collateral information, for the purpose of determining if the minor voluntarily assents to the admission or transfer. The clinical review shall be conducted by a qualified professional or registered nurse or clinical staff with at least a master’s degree in psychology, social work, counseling education, mental health counseling, or marriage and family therapy.

(6)(4) “Discharge plan” means a written plan describing the proposed aftercare needs and how they will be met, including living arrangements, transportation, physical health, treatment, and recovery supports. the plan developed with and by the person which sets forth how the person will meet his or her needs, including living arrangements, transportation, aftercare, physical health, and securing needed psychotropic medications for the post-discharge period of up to 21 days.

(7)(5) “Emergency treatment order (ETO)” means a written emergency order for psychotropic medications, as described in Rule 65E-5.1703, F.A.C.; or a written emergency order for seclusion or restraint, as described in subsection (7) of Rule 65E-5.180, F.A.C.

(8)(6) “Examination” means the integration of the physical examination required under Section 394.459(2), F.S., with other diagnostic activities to determine if the individual person is medically stable and to rule out abnormalities of thought, mood, or behavior that mimic psychiatric symptoms but are due to non-psychiatric medical causes such as disease, infection, injury, toxicity, or metabolic disturbances. Examination includes the identification of individual specific person-specific risk factors for treatment, such as elevated blood pressure, organ dysfunction, substance use abuse, or trauma.

(9) “Facility” as defined in Section 394.455, F.S.

(10)(7) “Health care proxy” means a competent adult who has not been expressly designated by an advance directive to make health care decisions for a particular incapacitated individual, but is authorized pursuant to Section 765.401, F.S., to make health care decisions for such individual.

(11)(8) “Health care surrogate” means any competent adult expressly designated by a principal’s advance directive to make health care decisions on behalf of the principal upon the principal’s incapacity.

(12) "High utilization" means an individual experiencing an increased utilization of acute behavioral health services demonstrated by:

a.  Three (3) or more evaluations or admissions into a crisis stabilization unit or inpatient psychiatric hospital within 180 days; or

b.  Acute care admissions that last 16 days or longer.

(13) “Individual” or “Individual receiving services” means any person receiving services in any substance use or mental health treatment facility, program, or service which is operated, funded, or regulated by the Department.

(14) “Managing entity” as defined in Section 394.9082(2)(e), F.S.

        (15) “No-wrong-door model” as defined in Section 394.4573(1)(d), F.S.

(9) Person means an individual of any age, unless statutorily restricted, with a mental illness served in or by a mental health facility or service provider.

(16)(10) “Personal Safety Plan” is a form used to document information regarding calming strategies that the individual person identifies as being helpful in avoiding a crisis. The plan also lists identified triggers that are identified that may signal or lead to agitation or distress.

(17) “Physician” as defined in Section 394.455, F.S.

(18)(11) “Pro re nata (PRN)” means an individualized order issued at the discretion of a physician as circumstances require. for the care of an individual person which is written after the person has been seen by the practitioner, which order sets parameters for attending staff to implement according to the circumstances set out in the order. A PRN order shall not be used as an emergency treatment order.

(19)(12) “Protective medical devices” mean a specific category of medical restraint that includes devices, or combinations of devices, to restrict movement for purposes of protection from falls or complications of physical care, such as geri-chairs, posey vests, mittens, belted wheelchairs, sheeting, and bed rails. The requirements for the use and documentation of use of these devices are for specific medical purposes rather than for behavioral control.

(20) “Psychiatric nurse” as  defined in Section 394.455, F.S.

(21) “Qualified professional” as  defined in Section 394.455, F.S.

(22) “Receiving facility” as  defined in Section 394.455, F.S.

(23) “Receiving system” means one or more facilities serving a defined geographic area which are responsible for assessment and evaluation, both voluntary and involuntary, and treatment, stabilization, or triage for patients who have a mental illness, a substance use disorder, or co-occurring disorders, as authorized in Section 394.461(5), F.S.

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

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

(26) “Restraint” as defined in Section 394.455, F.S.

(27) “Seclusion” as defined in Section 394.455, F.S.

(28)(15) “Seclusion and Restraint Oversight Committee” means is a group of staff members or volunteers that monitors the use of seclusion and restraint in a facility in order to assist in safely reducing the use of these practices. Members are selected by the administrator and include, but are not limited to, the administrator or designee, medical director or a physician designated by the medical director, quality assurance staff, and a certified recovery specialist, if available. If no certified recovery specialist is employed by the facility, a volunteer certified recovery specialist may be selected by the administrator.

(29) “Signature “- means either a written or electronic signature.

(30)(16) “Standing order” means a broad protocol or delegation of medical authority that is generally applicable to a group of individuals persons, hence not individualized. As limited by this chapter, it prohibits improper delegations of authority to staff that are not authorized by the facility, or not permitted by practice licensing laws, to independently make such medical decisions; such as decisions involving determination of need, medication, routes, dosages for psychotropic medication, or use of restraints or seclusion upon an individual a person.

(31) “Telehealth” as defined in Section 456.47(1), F.S.

(32) “Transportation plan” means a plan that describes methods of transport to a facility within the designated receiving system for individuals subject to involuntary examination or involuntary admission and may identify responsibility for other transportation to a participating facility when necessary and agreed to by the facility, as described in Section 394.462, F.S.

Rulemaking Authority 394.457(5), 394.46715 FS. Law Implemented 394.455, 394.457, 394.4655 FS. History–New 11-29-98, Amended 4-4-05, 1-8-07, 5-7-08, 4-9-13. Amended _____________.

 

65E-5.120 Forms.

All forms referred to in this chapter are available from the Department’s department’s website, http://www.myflfamilies.com/service-programs/mental-health/baker-act-forms.  http://www.dcf.state.fl.us/mentalhealth/laws/index.shtml, by scrolling down to and clicking on “Baker Act Forms” under “Baker Act Handbook,” or may be obtained from the department’s district or regional mental health program offices. Single copies of all the forms or a disk containing electronic copies of all the forms are also available from district or regional offices. All Recommended forms incorporated in this Rule Chapter contain are those which are incorporated by reference because they provide a list of 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. Mandatory forms are incorporated by reference and the specific form is required and may not be altered.

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

 

65E-5.1303 Discharge from Receiving and Treatment Facilities.

(1) The individual shall actively be involved in and assisted with discharge planning activities. Before discharging a person who has been admitted to a facility, the person shall be encouraged to actively participate in treatment and discharge planning activities and shall be notified in writing of his or her right to seek treatment from the professional or agency of the person’s choice and the person shall be assisted in making appropriate discharge plans. The person shall be advised that, pursuant to Section 394.460, F.S., no professional is required to accept persons for psychiatric treatment.

(2) Discharge planning and procedures shall include the requirements in Section 394.468(2), F.S. In addition, the facility shall and document consideration of the following:

(a) The individual’s person’s transportation resources;

(b) The individual’s person’s access to stable living arrangements;

(c) If the individual is experiencing homelessness, notification to the managing entity or the individual’s Medicaid managed care plan to assist with care coordination and housing resources available in the community; How assistance in securing needed living arrangements or shelter will be provided to individuals who are at risk of re-admission within the next 3 weeks due to homelessness or transient status and prior to discharge shall request a commitment from a shelter provider that assistance will be rendered;

(d) Assistance in obtaining a timely aftercare appointment for needed services, including continuation of prescribed psychotropic medications. Aftercare appointments for psychotropic medication, care coordination, and case management shall be requested to occur not later than seven (7) days after the expected date of discharge.; If if the discharge is delayed, the facility shall will notify the aftercare provider. The facility shall coordinate with the aftercare service provider and shall document the aftercare planning;

(e) To ensure an individual’s a person’s safety and provide continuity of prescribed essential psychotropic medications, such prescribed psychotropic medications, prescriptions, or multiple partial prescriptions for psychotropic medications, or a combination thereof, shall be provided to an individual when appropriate a person when discharged to cover the intervening days until the first scheduled psychotropic medication aftercare appointment, or for a period of up to 21 calendar days, whichever occurs first. Discharge planning shall address the availability of and access to prescribed psychotropic medications in the community;

(f) The individual person shall be provided education and written information about his or her illness and psychotropic medications including other prescribed and over-the-counter medications, the common side-effects of any medications prescribed and any adverse clinically significant drug-to-drug interactions common between that medication and other commonly available prescribed and over-the-counter medications;

(g) The individual person shall be provided with any needed resources and services and community-based peer support services that are available in the community contact and program information about and referral to any community-based peer support services in the community;

(h) The individual shall be referred to substance use treatment programs, trauma or abuse recovery focused programs, or other self-help groups, if indicated by assessments person shall be provided contact and program information about and referral to any needed community resources;

(i) The individual shall be provided with resource information on the National Suicide Prevention Lifeline and local Mobile Response Team services; Referral to substance abuse treatment programs, trauma or abuse recovery focused programs, or other self-help groups, if indicated by assessments; and,

(j) The individual person shall be provided information about advance directives, including resources to assist with preparation and use; and how to prepare and use the advance directives.

(k) For individuals who are diagnosed with an intellectual or developmental disability according to Chapter 393, F.S., the facility shall ensure that the parents or guardians have information on how to access appropriate resources from the Agency for Persons with Disabilities, and shall assist with a referral when indicated.

(l) The facility staff shall assist the individual in making appointments, upon request or when indicated. 

(3) Should a person in a receiving or treatment facility meet the criteria for involuntary outpatient placement rather than involuntary inpatient placement, the facility administrator may initiate such involuntary outpatient placement, pursuant to Section 394.4655, F.S., and Rule 65E-5.285, F.A.C., of this rule chapter.

(3)(4) Receiving and treatment facilities shall have written discharge policies and procedures which shall contain:

(a) Agreements or protocols for transfer and transportation arrangements between facilities;

(b) Protocols for assuring that current medical and legal information, including medication administered on the day of discharge, is transferred before or with the individual person to another facility; and,

(c) Policy and procedures which address continuity of services and access to necessary psychotropic medications.

(4) The provider shall implement policies and procedures outlining their strategies for how they will comprehensively address the needs of the following individuals to avoid or reduce future use of crisis stabilization services:

(a) Individuals who demonstrate a high utilization of receiving facility services; or

(b) Adults awaiting involuntary placement into a state mental health treatment facility (SMHTF) or awaiting discharge from a SMHTF back into the community; or

(c) Children and adolescents awaiting admission into a psychiatric residential treatment facility (PRTF) or awaiting discharge from a PRTF back into the community.

(5) The policies and procedures for individuals meeting the criteria in subsection (4) shall consist of the following:

(a) A warm hand-off to one of the following: a case manager, or a care coordinator. 

(b) The warm hand-off process includes:

1. Engaging the individual in the referral process;

2. Providing transparency of the referral process and the information being shared on behalf of the individual; and

3. Documenting the post discharge follow-up with the aftercare provider, or care coordinator, or case manager, or insurer. 

(6)(5) When a state mental health treatment facility has established an anticipated discharge date for discharge to the community which is more than seven days in advance of the individual’s person’s actual discharge, at least seven (7) days notice must be given to the community agency which has been assigned case management responsibility for the implementation of the individual’s person’s discharge plan. When an impending discharge is known seven (7) days or less prior to the discharge, the staff of the state mental health treatment facility shall give verbal and written notice of the impending discharge to the community case management agency within one (1) working day after the decision to discharge is made. Form Recommended form CF-MH 7001, (insert date) Jan. 98, “State Mental Health Facility Discharge Form,” which is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXX, may be used for this purpose, and may be obtained online at https://www.flrules.org/Gateway/reference.asp?No=Ref-02361, http://www.myflfamilies.com/service-programs/mental-health/baker-act-forms.

(7)(6) On the day of discharge from a state mental health treatment facility, the referring physician, or his or her designee, within the requirements of section 394.4615, F.S., and the policies and procedures required by subsection (3) (4) of this rule, shall immediately notify the community aftercare provider or entity responsible for dispensing or administering medications. Form Recommended form CF-MH 7002, (insert date) Feb. 05, “Physician to Physician Transfer,” which is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXX as referenced in subsection 65E-5.1302(2), F.A.C., may be used for this purpose, and may be obtained online at https://www.flrules.org/Gateway/reference.asp?No=Ref-02362, http://www.myflfamilies.com/service-programs/mental-health/baker-act-forms.

Rulemaking Authority 394.457(5), 394.46715 FS. Law Implemented 394.4573, 394.459(11), 394.460 FS. History–New 11-29-98, Amended 4-4-05, 4-9-13. Amended _______________.

 

65E-5.1703 Emergency Treatment Orders for the Administration of Psychotropic Medications.

(1) An emergency treatment order for the administration of psychotropic medications shall be consistent with the least restrictive treatment interventions, including the emergency administration of psychotropic medications or the emergency use of restraints or seclusion. Use of seclusion or restraint in an emergency situation is addressed in subparagraph 65E-5.180(7)(a)3., F.A.C., and is not addressed in this rule. This rule pertains only to the use of psychotropic medication in an emergency situation.

(a) The issuance of an emergency treatment order requires a physician’s review of the individual’s person’s condition for causal medical factors, such as the following: insufficiency of psychotropic medication blood levels, as determined by drawing a blood sample; medication interactions with psychotropic or other medications; side effects or adverse reactions to medications; organic, disease or medication based metabolic imbalances or toxicity; or other biologically based or influenced symptoms.

1. Insufficient blood levels of psychotropic medication;

2. Medication interactions with psychotropic or other medications;

3. Side effects or adverse reactions to medications;

4. Organic, disease or medication based metabolic imbalances or toxicity; or

5. Other biologically based or influenced symptoms.

(b) through (c) No change.

(d) The use of an emergency treatment order must be consistent with the least restrictive treatment requirements, and, Absent absent more appropriate interventions, an emergency treatment order is for immediate administration of rapid response psychotropic medications to a person to expeditiously treat symptoms, that if left untreated, present an immediate danger to the safety of the individual person or others.

(2) An emergency treatment order for psychotropic medication supersedes the individual’s person’s right to refuse psychotropic medication if based upon the physician’s assessment that the individual is not capable of exercising voluntary control over his or her own symptomatic behavior and that these uncontrolled symptoms and behavior are an imminent danger to the individual person or to others in the facility. When emergency treatment with psychotropic medication is ordered for a minor or an incapacitated or incompetent adult, facility staff shall document attempts to promptly contact the guardian, guardian advocate, or health care surrogate or proxy to obtain express and informed consent for the treatment in advance of administration where possible and if not possible, as soon thereafter as practical.

(3) The physician’s initial order for emergency treatment may be by telephone or by telehealth but such a verbal order must be reduced to writing upon receipt and signed by a physician within 24 hours.

(4) Each emergency treatment order shall only be valid and shall be authority for emergency treatment only for a period not to exceed 24 hours. For state mental health treatment facilities, emergency treatment orders are valid for 48 hours.

(5) Standing orders, PRN orders, or other similar protocol are prohibited for emergency treatment.

(6)(5) The need for each emergency treatment order must be documented in the individual’s person’s clinical record in the progress notes and in the section used for physician’s orders and must describe the specific behavior which constitutes a danger to the individual person or to others in the facility, and the nature and extent of the danger posed.

(6) Upon the initiation of an emergency treatment order the facility shall, within two court working days, petition the court for the appointment of a guardian advocate pursuant to the provisions of Section 394.4598, F.S., to provide express and informed consent, unless the person voluntarily withdraws a revocation of consent or requires only a single emergency treatment order for emergency treatment.

(7) If two emergency treatment orders are a second emergency treatment order is issued for the same individual person within any seven (7) day period, the petition for the appointment of a guardian advocate pursuant to the provisions of Section 394.4598, F.S., to provide express and informed consent shall be filed with the court within two (2) 1 court working days day.

(8) While awaiting court action, treatment may be continued without the consent of the individual person, but only upon the daily written emergency treatment order of a physician who has determined that the individual’s person’s behavior each day during the wait for court action continues to present an immediate danger to the safety of the individual person or others and who documents the nature and extent of the emergency each day of the specific danger posed. Such orders may not be written in advance of the demonstrated need for same.

(9) To assure the safety and rights of the individual person, and since emergency treatment orders by a physician absent express and informed consent are permitted only in an emergency, any use of psychotropic medications other than rapid response psychotropic medications requires a detailed and complete justification for the use of such medication. Both the nature and extent of the imminent emergency and any orders for the continuation of that medication must be clearly documented daily as required above.

(10) For children in the care and custody of the Department, policies and procedures shall include requirements for working with child protective investigators and case managers and obtaining necessary court authorizations to comply with section 39.407, F.S. and Chapter 65C-35, F.A.C., which are incorporated herein by reference.

Rulemaking Authority 394.457(5), 394.46715 FS. Law Implemented 394.459(3), 394.4598, 394.463(2)(f), 394.46715 494.46715 FS.. History–New 11-29-98, Amended 4-4-05, 4-9-13. Amended ________.

 

65E-5.260 Transportation.

(1) Each law enforcement officer or other transporter who takes an individual into custody for involuntary examination under the Baker Act or involuntary admission under the Marchman Act shall provide the receiving facility or access center the original or an electronic copy of  one of the following:

(a) Form CF-MH 3001, (insert date), “Ex Parte Order for Involuntary Examination,” which is incorporated by reference in 65E-5.280, F.A.C., or other form provided by the court;

(b) Form CF-MH 3052a, (insert date), “Report of a Law Enforcement Officer Initiating Involuntary Examination,” which is incorporated by reference in 65E-5.280, F.A.C.;

(c) Form CF-MH 3052b, (insert date), “Certificate of Professional Initiating Involuntary Examination,” which is incorporated by reference in 65E-5.280, F.A.C., and

(d) All forms required by Section 397.321(19), F.S.

Each law enforcement officer who takes a person into custody upon the entry of recommended form CF-MH 3001, Feb. 05, “Ex Parte Order for Involuntary Examination,” which is incorporated by reference and may be obtained pursuant to Rule 65E-5.120, F.A.C., of this rule chapter, or other form provided by the court, or the execution of mandatory form CF-MH 3052b, June 2016, “Certificate of Professional Initiating Involuntary Examination,” http://www.flrules.org/Gateway/reference.asp?No=Ref-07005, which is hereby incorporated by reference and may be obtained pursuant to Rule 65E-5.120, F.A.C., of this rule chapter, or completion of mandatory form CF-MH 3052a, June 2016, “Report of a Law Enforcement Officer Initiating Involuntary Examination,” http://www.flrules.org/Gateway/reference.asp?No=Ref-07004, which is incorporated by reference and may be obtained pursuant to Rule 65E-5.120, F.A.C., of this rule chapter, shall ensure that such forms accompany the person to the receiving facility for inclusion in the person’s clinical record.

(2) The designated law enforcement agency or other transporter shall transport the individual person to the most appropriate nearest receiving facility pursuant to the county’s approved transportation plan as required by statute, documenting this transport on Form mandatory form CF-MH 3100, (insert date) Feb. 05, “Transportation to Receiving Facility,” which is hereby 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. The designated law enforcement agency may decline to transport individual person to a receiving facility if the county has contracted with an emergency medical transport service or private transport company, and the law enforcement agency and the emergency medical transport service or private transport company only if the provisions of Section 394.462(1), F.S., apply. When the designated law enforcement agency and the medical transport company agree that the continued presence of law enforcement personnel is not necessary for the safety of the individual person or others. Part II of Form mandatory form CF-MH 3100, “Transportation to Receiving Facility,” as referenced in subsection 65E-5.260(2), F.A.C., documenting reflecting the agreement between law enforcement and the transport service shall accompany the individual person to the receiving facility. When the transportation is conducted by a mental health overlay program or a mobile crisis response service, the program or service shall complete Part III of Form CF-MH 3100 “Transportation to Receiving Facility,” which shall accompany the individual to the receiving facility. The completed form shall be retained in the individual’s person’s clinical record.

Rulemaking Authority 394.457(5) FS. Law Implemented 394.462, 394.463 FS. History–New 11-29-98, Amended 4-4-05, 1-8-07, 7-5-16. Amended ________________.

 

The following rules are hereby repealed:

65E-5.2601 Transportation Exception Plan.

Rulemaking Authority 394.457(5) FS. Law Implemented 394.462(3) FS. History–New 11-29-98, Amended 4-4-05. Repealed _________________.

 

65E-5.270 Voluntary Admission.

(1) The following applies to voluntary admission of adults:

(a) Providers must complete Form Recommended form CF-MH 3040, (insert date), “Application for Voluntary Admission - Adults,” which is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX, as referenced in paragraph 65E-5.1302(1)(b), F.A.C., may be used to document an application of a competent adult for admission to a receiving facility. Recommended form CF-MH 3097, Feb. 05, “Application for Voluntary Admission – Minors,” which is incorporated by reference and may be obtained pursuant to Rule 65E-5.120, F.A.C., of this rule chapter, may be used to document a guardian’s application for admission of a minor to a receiving facility.

(b) Form Recommended form CF-MH 3098, (insert date) Feb. 05, “Application for Voluntary Admission – State Treatment Facility,” which is hereby 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 an application of a competent adult for admission to a state treatment facility. Any application for voluntary admission shall be based on the person’s express and informed consent.

(c)(a) Any application for voluntary admission shall be based on the individual’s express and informed consent. Form Recommended form CF-MH 3104, (insert date), “Certification of Individual’s Person’s Competence to Provide Express and Informed Consent,” which is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX as referenced in paragraph 65E-5.170(1)(c), F.A.C., may be used to document the competence of an individual a person to give express and informed consent to be on voluntary status. The original of the completed form shall be retained in the individual’s person’s clinical record.

(d)(b) Form Recommended form CF-MH 3104, “Certification of Individual’s Person’s Competence to Provide Express and Informed Consent,” incorporated in this Rule, as referenced in paragraph 65E-5.170(1)(c), F.A.C., may be used to document a person applying for transfer from involuntary to voluntary status is competent to provide express and informed consent. The original of the completed form shall be filed in the individual’s person’s clinical record. A change in legal status must be followed by notice sent to individuals pursuant to Section 394.4599, F.S.

(2) The following applies to voluntary admission of minors:

(a) Form CF-MH 3097, (insert date), “Application for Voluntary Admission – Minors,” which is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX, must be used to document a parent or legal guardian’s application for admission of a minor to a receiving facility.

(b) Before a minor is admitted to a receiving facility on voluntary status, the receiving facility shall complete a clinical review to determine the voluntariness of the minor’s assent. The clinical review shall consist of the following:             

1. Interview the minor and review the reason(s) the minor is presenting for admission, with consideration to age, intellectual/developmental disabilities, and language skills, and

2. Explain to the minor the facility’s admission and examination process in language appropriate for age and developmental level.  

(c) If the minor’s voluntary assent is verified by the facility as a result of the clinical review, Part II of Form CF-MH 3097, “Application for Voluntary Admission – Minors” must be completed.

(d) If the minor’s assent is not verified during the clinical review, or if the child is not capable of assenting, the receiving facility must:

1.              Release the minor to their parent or legal guardian with appropriate follow up referrals, in accordance with rule 65E-5.1303, F.A.C.; or

2. If the minor meets the criteria for involuntary examination, a professional authorized by Section 394.463(2), F.S., must initiate and complete Form CF-MH 3052b, “Certificate of Professional Initiating Involuntary Examination”, which is incorporated by reference in rule 65E-5.280, F.A.C., and the facility shall adhere to the involuntary examination standards in rule 65E-5.2801, F.A.C.

(e) Form CF-MH 3097, “Application for Voluntary Admission – Minors,” incorporated in this Rule must be used to document a minor applying for transfer from involuntary to voluntary status as set forth in paragraphs (2)(a) through (d) above.

(f) The original completed form(s) shall be filed in the minor’s clinical record.

(3)(2) All individuals Persons on voluntary status shall be advised of their right to request discharge. Form Recommended forms CF-MH 3051a, (insert date) Feb. 05, “Notice of Right of Individual Person on Voluntary Status to Request Discharge from a Receiving Facility,” 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 CF-MH 3051b, (insert date) Feb. 05, “Notice of Right of Individual Person on Voluntary Status to Request Discharge from a Treatment Facility,” 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 and used to document the giving of such advice. A copy of the notice or its equivalent shall be given to the individual person and to the individual’s person’s parent or legal guardian if a minor, with the original of each completed application and notice retained in the individual’s person’s clinical record.

(4)(3) The initial Documenting the assessment of an individual identified each person pursuant to Section 394.4615(1)(b), F.S., shall be done prior to moving the individual person from his or her residence to a receiving facility for voluntary admission. Form Recommended form CF-MH 3099, (insert date) Feb. 05, “Certification of Ability to Provide Express and Informed Consent for Voluntary Admission and Treatment of Selected Individuals Persons from Facilities Licensed under Chapter 400, F.S.,” 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 and used for this purpose. If the facility licensed under Chapter 400, F.S.  did not first arrange for completion of an independent evaluation of the resident’s competence to provide express and informed consent to admission and treatment before moving the individual, the receiving facility shall notify the Agency for Health Care Administration by using Form CF-MH 3119, (insert date), “Notification of Non-Compliance with Required Certificate,” which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX.

(5)(4) If an individual a competent adult or the guardian of a minor refuses to consent to mental health treatment, the individual person shall not be eligible for admission on a voluntary status. An individual A person on voluntary status who refuses to consent to or revokes consent to treatment shall be discharged from a designated receiving or treatment facility within 24 hours after such refusal or revocation, unless the person is transferred to involuntary status or unless the refusal or revocation is freely and voluntarily rescinded by the person. When an individual a person refuses or revokes consent to treatment, facility staff shall document this immediately in the person’s clinical record. Form Recommended form CF-MH 3105, (insert date) Feb. 05, “Refusal or Revocation of Consent to Treatment,” 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. Should an individual a competent person withdraw his or her refusal or revocation of consent to treatment, the individual person shall be asked to complete Part II of Form recommended form CF-MH 3105, “Refusal or Revocation of Consent to Treatment,” as referenced in subsection 65E-5.270(4), F.A.C., or similar documentation, and the original shall be retained in the individual’s person’s clinical record.

(6)(5) An oral or written request for discharge made by any individual person following admission to the facility shall be immediately documented in the individual’s person’s clinical record. Form Recommended forms CF-MH 3051a, “Notice of Right of Individual Person on Voluntary Status to Request Discharge from a Receiving Facility,” as referenced in subsection 65E-5.270(2), F.A.C., or CF-MH 3051b, “Notice of Right of Individual Person on Voluntary Status to Request Discharge from a Treatment Facility,” as referenced in subsection 65E-5.270(2), F.A.C.,  which are incorporated in this Rule, may be used for this purpose. This form may also be completed by a relative, adult friend, or attorney of the individual person.

(7)(6) When an individual a person on voluntary status refuses treatment or requests discharge and the facility administrator makes the determination that the individual person will not be discharged within 24 hours from a designated receiving or treatment facility, a petition for involuntary inpatient placement or involuntary outpatient placement shall be filed with the court by the facility administrator. Form Recommended form CF-MH 3032, (insert date), “Petition for Involuntary Inpatient Placement,” which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX, as referenced in subparagraph 65E-5.170(1)(d)1., F.A.C., or Form recommended form CF-MH 3130, (insert date), “Petition for Involuntary Outpatient Placement,” which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX, as referenced in subparagraph 65E-5.170(1)(d)2., F.A.C., may be used for this purpose. The first expert opinion by a psychiatrist shall be obtained on the petition form within 24 hours of the request for discharge or refusal of treatment to justify the continued detention of the individual person and the petition shall be filed with the court within 2 court working days after the request for discharge or refusal to consent to treatment was made.

(7) If a person is delivered to a receiving facility for voluntary examination from any program or residential placement licensed under the provisions of Chapter 400, F.S., without first arranging an independent evaluation of the resident’s competence to provide express and informed consent to admission and treatment, as required in Sections 394.4625(1)(b) and (c), F.S., the receiving facility shall notify the Agency for Health Care Administration by using recommended form CF-MH 3119, Feb. 05, “Notification of Non-Compliance with Required Certificate,” which is incorporated by reference and may be obtained pursuant to Rule 65E-5.120, F.A.C., of this rule chapter.

Rulemaking Authority 394.457(5), 394.46715 FS. Law Implemented 394.4599, 394.4625, 400, 400.102(1) FS. History–New 11-29-98, Amended 4-4-05. Amended _________________.

 

65E-5.280 Involuntary Examination.

(1) Court Order. Sworn testimony shall be documented by using Form recommended form CF-MH 3002, (insert date) July 2020, “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 to http://www.flrules.org/Gateway/reference.asp?No=Ref-11920, or other form used by the court. Documentation of the findings of the court on Form recommended form CF-MH 3001, (insert date), 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 http://www.flrules.org/Gateway/reference.asp?No=Ref-11919, 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 to the receiving facility. 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 Form the mandatory form CF-MH 3052a, “Report of Law Enforcement Officer Initiating Involuntary Examination,” (insert date) July 2020, which is incorporated by reference and available at  http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX http://www.flrules.org/Gateway/reference.asp?No=Ref-11922.

(b) Form Mandatory form CF-MH 3052a, “Report of Law Enforcement Officer Initiating Involuntary Examination” shall accompany the individual to the receiving facility.

(3) Professional Certificate.

(a) A professional authorized by Section 394.463(2)(a)3., F.S., who determines, after personally examining an individual believed to meet the involuntary examination criteria within the preceding 48 hours, that the criteria are met, is authorized to execute Form the mandatory form CF-MH 3052b, “Certificate of Professional Initiating Involuntary Examination,” (insert date) July 2020, which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX  http://www.flrules.org/Gateway/reference.asp?No=Ref-11923.

(b) Form Mandatory form CF-MH 3052b, “Certificate of Professional Initiating Involuntary Examination,” shall be executed immediately after it is completed by arranging for transportation to a designated receiving facility. The Certificate and is valid throughout the state. The completed certificate shall accompany the individual to a receiving facility.

(4) Emergency Medical Conditions.

(a) Form Recommended form CF-MH 3101, (insert date) July 2020, “Hospital Determination that Individual Does Not Meet Involuntary Placement Criteria,” which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX, http://www.flrules.org/Gateway/reference.asp?No=Ref-11924 may be used to document the results of the examination prescribed in Section 394.463(2)(h), F.S.

(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)(c) The 72-hour involuntary examination period set out in Section 394.463(2)(g), F.S., shall not be exceeded. In order to document the 72-hour period has not been exceeded, Form recommended form CF-MH 3102, (insert date) July 2020, “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, http://www.flrules.org/Gateway/reference.asp?No=Ref-11925 may be used for this purpose. The form may be sent 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 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 Designated receiving facilities shall submit send 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. 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-11929, 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 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 https://www.usf.edu/cbcs/baker-act/for-providers/electronicsubmission.aspx or by calling [phone]. The Baker Act Data Collection Form CF-MH 3118 must be accompanied by one of the following:

(a) Form CF-MH 3001, “Ex Parte Order for Involuntary Examination,” or other order provided by the court;,

(b) Form Mandatory form CF-MH 3052a, “Report of Law Enforcement Officer Initiating Involuntary Examination;,” or

(c) Form Mandatory form CF-MH 3052b, “Certificate of Professional Initiating Involuntary Examination; and.”

(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.

(6) If a person is delivered to a receiving facility for an involuntary examination from any program or residential services provider licensed under the provisions of Chapter 400 or 429, F.S., without an ex parte order, Form the mandatory form CF-MH 3052a, “Report of Law Enforcement Officer Initiating Involuntary Examination,” or Form mandatory form CF-MH 3052b, “Certificate of Professional Initiating Involuntary Examination,” the receiving facility shall notify the Department by the method and timeframe required by Section 394.463(2)(b), F.S. The receiving facility may use Form recommended form CF-MH 3119, July 2020, “Notification of a Facility’s Non-Compliance,” which is hereby incorporated by reference in Rule 65E-5.270, F.A.C., and available at  http://www.flrules.org/Gateway/reference.asp?No=Ref-11928, for this purpose.

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

(7)(8) Form Recommended form CF-MH 3045, (insert date) July 2020, “Notice of Individual’s Admission for Involuntary Examination,” which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX http://www.flrules.org/Gateway/reference.asp?No=Ref-11921, may be used when notifying authorized individuals of an individual’s involuntary admission to a receiving facility.

(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 ____________.

 

65E-5.2801 Minimum Standards for Involuntary Examination Pursuant to Section 394.463, F.S.

The involuntary examination is also known as the initial mandatory involuntary examination.

(1) Whenever an involuntary examination is initiated by a circuit court, a law enforcement officer, or a mental health professional as provided in section 394.463(2), F.S., an examination by a physician or clinical psychologist or psychiatric nurse must be conducted and documented in the person’s clinical record. The examination, conducted at a facility licensed under chapter 394 or 395, F.S., must contain:

(a) A thorough review of any observations of the person’s recent behavior;

(b) A review of Form mandatory form CF-MH 3100, “Transportation to Receiving Facility,” which is incorporated in Rule 65E-5.260 as referenced in subsection 65E-5.260(2), F.A.C., and one of the following forms which are incorporated in 65E-5.280, F.A.C.: Form recommended form CF-MH 3001, “Ex Parte Order for Involuntary Examination,” as referenced in subsection 65E-5.260(1), F.A.C., or other form provided by the court, or Form 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 Form mandatory form CF-MH 3052b, “Certificate of Professional Initiating Involuntary Examination.,” as referenced in subsection 65E-5.260(1), F.A.C.

(c) through (d) No change.

(2) If the physician or clinical psychologist or psychiatric nurse conducting the initial mandatory involuntary examination determines that the person does not meet the criteria for involuntary inpatient placement or involuntary outpatient placement, the person can be offered voluntary placement, if the person meets criteria for voluntary admission, or released directly from the hospital providing emergency medical services. Such determination must be documented in the person’s clinical record.

(3) If not released, Form recommended form CF-MH 3040, “Application for Voluntary Admission - Adults,” which is incorporated in Rule 65E-5.270 as referenced in paragraph 65E-5.1302(1)(b), F.A.C., or Form recommended form CF-MH 3097, “Application for Voluntary Admission – Minors,” which is incorporated in Rule 65E-5.270 as referenced in subsection 65E-5.270(1), F.A.C., may be used if the person wishes to apply for voluntary admission.

(4) If not released and the person wishes to transfer from involuntary to voluntary status, Form recommended form CF-MH 3104, “Certification of Individual’s Person’s Competence to Provide Express and Informed Consent,” which is incorporated in rule 65E-5.270 as referenced in paragraph 65E-5.170(1)(c), F.A.C., documenting the person is competent to provide express and informed consent, may be used for this purpose.

(5) through (6) No change.

(7) After the initial mandatory involuntary examination, the person’s clinical record shall include:

(a) An intake interview;

(b) Form The mandatory form CF-MH 3100, “Transportation to Receiving Facility,” which is incorporated in Rule 65E-5.260 as referenced in subsection 65E-5.260(1), F.A.C., and one of the following forms which are incorporated in 65E-5.280, F.A.C.: Form recommended form CF-MH 3001, “Ex Parte Order for Involuntary Examination,” as referenced in subsection 65E-5.260(1), F.A.C., or other form provided by the court, or Form 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 Form mandatory form CF-MH 3052b, “Certificate of Professional Initiating Involuntary Examination,” as referenced in subsection 65E-5.260(1), F.A.C.; and,

(c) No change.

(8) Disposition Upon Initial Mandatory Involuntary Examination.

(a) The release of a person from a receiving facility requires the documented approval of a psychiatrist, clinical psychologist, or if the receiving facility is a hospital, the release may also be approved by an attending emergency department physician after the completion of an initial mandatory involuntary examination. Form Recommended form CF-MH 3111, (insert date) Feb. 05, “Approval for Release of Person on Involuntary Status from a Receiving Facility,” 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. A copy of the form used shall be retained in the person’s clinical record.

(b) In order to document a person’s transfer from involuntary to voluntary status, Form recommended form CF-MH 3040, “Application for Voluntary Admission - Adults,” which is incorporated in Rule 65E-5.270 as referenced in paragraph 65E-5.1302(1)(b), F.A.C., or Form recommended form CF-MH 3097, “Application for Voluntary Admission – Minors,” which is incorporated by reference in Rule 65E-5.270 as referenced in subsection 65E-5.270(1), F.A.C., completed prior to transfer, may be used.

(c) A person for whom an involuntary examination has been initiated shall not be permitted to consent to voluntary admission until after examination by a physician to confirm his or her ability to provide express and informed consent to treatment. Form Recommended form CF-MH 3104, “Certification of Individual’s Person’s Competence to Provide Express and Informed Consent,” which is incorporated in Rule 65E-5.270 as referenced in paragraph 65E-5.170(1)(c), F.A.C., may be used for documentation.

(d) If the facility administrator, based on facts and expert opinions, believes the person meets the criteria for involuntary inpatient or involuntary outpatient placement or is incompetent to consent to treatment, the facility shall initiate involuntary placement within 72 hours of the person’s arrival by filing a petition for involuntary placement. Form Recommended form CF-MH 3032, “Petition for Involuntary Inpatient Placement,” which is incorporated in Rule 65E-5.270 as referenced in subparagraph 65E-5.170(1)(d)1., F.A.C., or CF-MH 3130, “Petition for Involuntary Outpatient Placement” which is incorporated by reference in Rule 65E-5.270 as referenced in subparagraph 65E-5.170(1)(d)2., F.A.C., may be used for this purpose. Such petition shall be signed by the facility administrator or designee within the 72-hour examination period. The petition shall be filed with the court within the 72-hour examination period or, if the 72 hours ends on a weekend or legal holiday, no later than the next court working day thereafter. A copy of the completed petition shall be retained in the person’s clinical record and a copy given to the person and his or her duly authorized legal decision-maker or representatives.

(e) When a person on involuntary status is released, notice shall be given to the person’s guardian or representative, to any individual who executed a certificate for involuntary examination, and to any court which ordered the person’s examination with a copy retained in the person’s clinical record. Form Recommended form CF-MH 3038, (insert date) Feb. 05, “Notice of Release or Discharge,” 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.

Rulemaking Authority 394.457(5), 394.46715 FS. Law Implemented 394, 394.463, 394.4655, 395 FS. History–New 11-29-98, Amended 4-4-05. Amended _______________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: William Hardin

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 23, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 4, 2023