Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-5 - MENTAL HEALTH ACT REGULATION › Section 65E-5.2301 - Health Care Surrogate or Proxy

Current through Reg. 50, No. 138; July 16, 2024
(1) During
				the interim period between the time a person is determined to be incompetent to
				consent to treatment by one or more physicians, pursuant to Section
				 765.204, F.S., and the time a
				guardian advocate is appointed by a court to provide express and informed
				consent to the person's treatment, a health care surrogate designated by the
				person, pursuant to Chapter 765, Part II, F.S., may provide such consent to
				treatment.
(2) In the absence of an
				advance directive or when the health care surrogate named in the advance
				directive is no longer able or willing to serve, a health care proxy, pursuant
				to Chapter 765, Part IV, F.S., may also provide interim consent to
				treatment.
(3) Upon the documented
				determination that a patient is incompetent to make health care decisions for
				himself or herself by one or more physicians, pursuant to Section
				 765.204, F.S., the facility
				shall notify the surrogate or proxy in writing that the conditions under which
				he or she can exercise his or her authority under the law have occurred.
				Recommended form CF-MH 3122, Feb. 05, "Certification of Person's Incompetence
				to Consent to Treatment and Notification of Health Care Surrogate/Proxy, "
				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 for this purpose.
(4) If the surrogate selected by the person
				is not available or is unable to serve or if no advance directive had been
				prepared by the person, a proxy may be designated as provided by law.
				Recommended form CF-MH 3123, Feb. 05, "Affidavit of Proxy, " 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 for this purpose.
(5) A petition for adjudication of
				incompetence to consent to treatment and appointment of a guardian advocate
				shall be filed with the court within 2 court working days of the determination
				of the patient's incompetence to consent to treatment by one or more
				physicians, pursuant to Section
				 765.204, F.S. Recommended form
				CF-MH 3106, "Petition for Adjudication of Incompetence to Consent to Treatment
				and Appointment of a Guardian Advocate, " as referenced in subparagraph
				 65E-5.170(1)(d) 
				2., F.A.C., may be used for this purpose.
(6) The facility shall immediately provide to
				the health care surrogate or proxy the same information required by statute to
				be provided to the guardian advocate. In order to protect the safety of the
				person, the facility shall make available to the health care surrogate or proxy
				the training required of guardian advocates and ensure that the surrogate or
				proxy communicate with the person and person's physician prior to giving
				express and informed consent to treatment.
(7) Each designated receiving and treatment
				facility shall adopt policies and procedures specifying how its direct care and
				assessment staff will be trained on how to honor each person's treatment
				preferences as detailed in his or her advance directives. The person being
				served shall be provided information about advance directives and offered
				assistance in completing an advance directive, if willing and able to do
				so.
Rulemaking Authority
					 394.457(5) FS.
					 Law Implemented 394.4598, 765, Parts I, IV,
					 765.204
					 FS.
New 11-29-98, Amended 1-16-01,
					 4-4-05.