Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-4 - COMMUNITY MENTAL HEALTH REGULATION › Section 65E-4.016 - Mental Health Residential Treatment Facilities

Current through Reg. 50, No. 138; July 16, 2024
(1) Licensure of Mental Health Residential
				Treatment Facilities. To be licensed as a mental health residential treatment
				facility an applicant must provide a long term, homelike residential
				environment that provides care, support, assistance and limited supervision in
				daily living to adults diagnosed with a serious and persistent major mental
				illness who do not have another primary residence. Any facility licensed as a
				residential treatment facility under this rule must sustain a 60 day average or
				greater length of stay of residents, except as specifically provided for in
				Section  394.875(11),
				F.S. Any facility providing primarily clinical residential services, either
				during an urgent care episode or during the 90 days following such an episode
				shall not be licensable under this rule. Residential treatment facilities that
				primarily provide treatment for eating disorders, weight loss programs,
				substance abuse or other specialty psychiatric treatment program are excluded
				from licensure under this rule.
(2)
				Definitions. The definitions provided in this section are limited to this Rule
				 65E-4.016, F.A.C.
(a) "AHCA" means the Agency for Health Care
				Administration.
(b) "Apartment"
				means a self-contained dwelling unit with kitchen and bathing facilities and
				living, dining and sleeping space for use by one to four residents who maintain
				a common household.
(c) "CCMS"
				means the Department of Children and Family Services Continuity of Care
				Management System.
(d) "Governing
				Board" means the individual or individuals responsible for and having authority
				for the policies, bylaws, operations, and standards of service and activities
				of the residential treatment facility. If the facility is operated by an
				organization that delivers comprehensive mental health services, the governing
				body of such organization shall be considered the facility's governing board.
				If the facility is owned by a partnership or single owner, the partners or
				single owner shall be regarded as the facility's governing board.
(e) "Department" means the Department of
				Children and Family Services.
(f)
				"Individual Service Plan" or "Service Plan" means a document developed by the
				case manager and resident which depicts service and resource attainment goals
				and objectives to guide service delivery.
(g) "Individual Treatment Plan" or "Treatment
				Plan" means a document or section of the individual service plan developed by
				residential treatment facility staff or the treatment team and the resident
				which depicts the goals and objectives relating to skill attainment that need
				to be accomplished within the facility's environment.
(h) "JCAHO" means the Joint Commission on
				Accreditation of Healthcare Organizations.
(i) "Medication Administration" means opening
				a container of medication, removing a prescribed dosage, and giving the
				medication to the person for whom it is prescribed. This includes administering
				injections and eye drops.
(j)
				"Medication Supervision" means activities which assist an individual to
				self-medicate. These activities include prompting a resident to take
				medication, opening containers and reading labels to the resident, and checking
				the self-administered dosage against the label of the container.
(k) "Mental Health Professional" or
				"Professional" means a clinical psychologist, clinical social worker,
				physician, psychiatric nurse or psychiatrist as defined in Section
				 394.455, F.S.
(l) "Mental Illness" is as defined in Section
				 394.455(3),
				F.S.
(m) "Office of Health Facility
				Regulation" means the AHCA program responsible for receiving license
				applications, coordinating licensure survey activities and issuing or denying
				the license.
(n) "Physician" means
				a person licensed to practice medicine or osteopathic medicine in
				Florida.
(o) "Peer Review" means
				the review of a staff member's professional work by comparably trained and
				qualified individuals performing similar tasks.
(p) "Quality Assurance Program" means a
				systematic approach designed to evaluate the quality of care provided by an
				agency and to promote and maintain efficient and effective mental health
				services.
(q) "Rehabilitation"
				means an educationally based process which provides the opportunities for
				mentally ill persons to attain the physical, emotional and intellectual skills
				needed to live, learn, work or socialize in their own particular environments.
				The process includes developing the resources needed to support or strengthen
				their level of functioning in these environments.
(r) "Resident" means any individual 18 years
				of age or older receiving services in any mental health residential treatment
				facility, program or service.
(s)
				"Residential Treatment Facility, " referenced herein as either RTF or facility,
				means any building, buildings or distinct, physically separated and separately
				controlled part of a building, whether operated for profit or not, which meets
				the criteria defined in Section
				 394.67(14),
				F.S. Short-term residential treatment facilities, regulated under Chapter
				65E-12, F.A.C., are excluded from this definition. The criteria which comprise
				each level of RTF are specified in subsection
				 65E-4.016(4),
				F.A.C.
(t) "Restraint" means
				restricting the movement of a person's limbs, head or body by the use of
				mechanical or physical devices for the purpose of preventing injury to self or
				others.
(u) "Seclusion" means the
				isolation and containment of residents who pose an imminent threat of physical
				harm to themselves or others.
(v)
				"Self-Preservation" means the ability of a person to perceive danger and take
				appropriate action to keep safe from injury.
(w) "Treatment" means services which are
				provided to persons, individually or in groups, which include rehabilitation,
				counseling, supportive therapy, chemotherapy, psychotherapy or any other
				accepted therapeutic, educational or supportive process.
(x) "Utilization Review" means the process of
				using predefined criteria to evaluate the necessity and appropriateness of
				services and allocated resources to assure that the program's services are
				necessary, cost effective and effectively utilized.