65E-5.270. Voluntary Admission

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

(a) Providers must complete Form CF-MH 3040, (June 2023), “Application for Voluntary Admission – Adults,” which is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15526, to document an application of a competent adult for admission to a receiving facility.

(b) Form CF-MH 3098, (June 2023), “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-15527, may be used to document an application of a competent adult for admission to a state treatment facility.

(c) Any application for voluntary admission shall be based on the individual’s express and informed consent. Form CF-MH 3104, (June 2023), “Certification of Individual’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-15528, may be used to document the competence of an individual to give express and informed consent to be on voluntary status. The original of the completed form shall be retained in the individual’s clinical record.

(d) Form CF-MH 3104, “Certification of Individual’s Competence to Provide Express and Informed Consent,” incorporated in this rule, 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 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, (June 2023), “Application for Voluntary Admission – Minors,” which is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15529, 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) All individuals on voluntary status shall be advised of their right to request discharge. Form CF-MH 3051a, (June 2023), “Notice of Right of Individual 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-15530, or CF-MH 3051b, (June 2023), “Notice of Right of Individual 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-15531, may be used to document the giving of such advice. A copy of the notice or its equivalent shall be given to the individual and to the individual’s parent or legal guardian if a minor, with the original of each completed application and notice retained in the individual’s clinical record.

(4) The initial assessment of an individual identified pursuant to Section 394.4615(1)(b), F.S., shall be done prior to moving the individual from his or her residence to a receiving facility for voluntary admission. Form CF-MH 3099, (June 2023), “Certification of Ability to Provide Express and Informed Consent for Voluntary Admission and Treatment of Selected Individuals 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-15532, may be 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, (June 2023), “Notification of Non-Compliance with Required Certificate,” which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15533.

(5) If an individual refuses mental health treatment, the individual shall not be eligible for admission on voluntary status. An individual 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 refuses or revokes consent to treatment, facility staff shall document this immediately in the person’s clinical record. Form CF-MH 3105, (June 2023), “Refusal or Revocation of Consent to Treatment,” which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15534, may be used for this purpose. Should an individual withdraw his or her refusal or revocation of consent to treatment, the individual shall be asked to complete Part II of Form CF-MH 3105, “Refusal or Revocation of Consent to Treatment,” or similar documentation, and the original shall be retained in the individual’s clinical record.

(6) An oral or written request for discharge made by any individual following admission to the facility shall be immediately documented in the individual’s clinical record. Form CF-MH 3051a, “Notice of Right of Individual on Voluntary Status to Request Discharge from a Receiving Facility,” or CF-MH 3051b, “Notice of Right of Individual on Voluntary Status to Request Discharge from a Treatment Facility,” 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.

(7) When an individual on voluntary status refuses treatment or requests discharge and the facility administrator makes the determination that the individual 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 CF-MH 3032, (June 2023) “Petition for Involuntary Inpatient Placement,” which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15535, Form CF-MH 3130, (June 2023), “Petition for Involuntary Outpatient Placement,” which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15536, 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 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.

Rulemaking Authority 394.457(5), 394.46715 FS. Law Implemented 394.4599, 394.4625 FS. History–New 11-29-98, Amended 4-4-05, 7-20-23.