Rule 65E-5.260, F.A.C., is being amended to incorporate by reference revised versions of mandatory forms CF-MH 3052a and CF-MH 3052b. The revised forms include the full text of the definition of mental illness, providing clarity for law enforcement ...

 

DEPARTMENT OF CHILDREN AND FAMILIES

Mental Health Program

RULE NOS.:RULE TITLES:

65E-5.260Transportation

65E-5.280Involuntary Examination

PURPOSE AND EFFECT: Rule 65E-5.260, F.A.C., is being amended to incorporate by reference revised versions of mandatory forms CF-MH 3052a and CF-MH 3052b. The revised forms include the full text of the definition of mental illness, providing clarity for law enforcement officers and health care professionals who use the forms. The revised forms also include new questions about the context in which involuntary examinations are initiated, allowing the Agency for Health Care Administration to obtain data to improve the delivery of mental health crisis services.

Rule 65E-5.280, F.A.C. is being amended to incorporate by reference a revised version of mandatory forms CF-MH 3118. The revision will include new questions about the context in which involuntary examinations are initiated, allowing the Agency for Health Care Administration to obtain data to improve the delivery of mental health crisis services.

SUMMARY: This promulgation incorporates by reference three revised forms for use by law enforcement officers when transporting a person for an involuntary mental health examination and the designated receiving facilities where a person is taken for such an examination. The forms gather data used by the Agency for Health Care Administration for analyses and compilation of annual reports on involuntary examinations it submits to the Department of Children and Families and the Legislature.

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 to determine whether or not there is an adverse impact or regulatory costs associated with this rule that exceeds the criteria in Section 120.54(2)(a), F.S. Based on the analysis, the Department has determined that the proposed rule is not expected to require legislative ratification.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 394.457(5) FS.

LAW IMPLEMENTED: 394.462, 394.462(1), 394.463, 394.463(2)(e), (h), 400 FS.

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

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 2 days before the workshop/meeting by contacting: Wanda Carter, [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Wanda Carter, SAMH Program Information Unit, 1317 Winewood Boulevard, Building 6, Tallahassee, Florida 32399-0700, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65E-5.260 Transportation.

(1) 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, _______Sept. 06, “Certificate of Professional Initiating Involuntary Examination,” 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, ______Sept. 06, “Report of a Law Enforcement Officer Initiating Involuntary Examination,” 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) No change.

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

 

65E-5.280 Involuntary Examination.

(1) through (4) No change.

(5) In order for the department to implement the provisions of Section 394.463(2)(e), F.S., and to ensure that the Agency for Health Care Administration will be able to analyze the data it receives pursuant to that section, designated receiving facilities shall forward copies of each recommended form CF-MH 3001, “Ex Parte Order for Involuntary Examination,” as referenced in subsection 65E-5.260(1), F.A.C., or other order provided by the court, mandatory form CF-MH 3052a, “Report of Law Enforcement Officer Initiating Involuntary Examination,” as referenced in subsection 65E-5.260(1), F.A.C., mandatory form CF-MH 3052b, “Certificate of Professional Initiating Involuntary Examination,” as referenced in subsection 65E-5.260(1), F.A.C., accompanied by mandatory form CF-MH 3118, ______Sept. 06, “Cover Sheet to Agency for Health Care Administration,” which is hereby incorporated by reference and may be obtained pursuant to Rule 65E-5.120, F.A.C., of this rule chapter to: BA Reporting Center, FMHI-MHC 2637 2737, 13301 Bruce B. Downs Boulevard, Tampa, Florida 33612-3807.

(6) through (8) No change.

Rulemaking Authority 394.457(5) FS. Law Implemented 394.463, 394.463(2)(e), (h), 400 FS. History–New 11-29-98, Amended 4-4-05, 1-8-07,            .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Wanda Carter

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mike Carroll, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 3, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 21, 2015