reglab/statecodes huggingface dataset:
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-5 - MENTAL HEALTH ACT REGULATION › Section 65E-5.350 - Eligibility Criteria and Procedures for Designation of Receiving Facilities

Current through Reg. 50, No. 138; July 16, 2024
(1) Facilities shall not begin to hold or
				treat involuntary an individual under a Baker Act until licensed by AHCA and
				designated in accordance with this rule chapter and with Chapters 394 or 395,
				F.S.
(2) The following types of
				facilities are authorized to provide acute psychiatric treatment and are
				eligible to apply for designation as receiving facilities:
(a) Hospitals;
(b) Crisis Stabilization Units
				(CSU);
(c) Children's Crisis
				Stabilization Units (CCSU); and
(d)
				Short-term Residential Treatment Facilities (SRT) connected to a county or
				regional Behavioral Health Receiving System, and are programmatically
				integrated with a designated CSU or CCSU.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-5 - MENTAL HEALTH ACT REGULATION › Section 65E-5.351 - Minimum Standards for Designated Receiving Facilities

Current through Reg. 50, No. 138; July 16, 2024
(1) Any facility designated as a receiving
				facility failing to comply with this chapter may have such designation
				suspended or withdrawn.
(2) Each
				receiving facility shall have policies and procedures that prescribe, monitor
				and enforce all requirements specified in Chapter 65E-5, F.A.C.
(3) Each receiving facility shall assure that
				its reception, screening, and inpatient services are fully operational
				24-hours-per-day, 7-days-per-week.
(4) Each receiving facility shall have a
				compliance program that monitors facility and professional compliance with
				Chapter 394, Part I, F.S., and this chapter. Every such program shall
				specifically monitor the adequacy of and the timeframes involved in the
				facility procedures utilized to expedite obtaining informed consent for
				treatment. This program may be integrated with other activities.
(5) A public receiving facility that is
				affiliated with a publicly funded community mental health center shall ensure
				the centralized provision and coordination of acute care services for eligible
				individuals with an acute mental illness.
Rulemaking Authority
					 394.461(5) FS.
					 Law Implemented 394.461(5)
					 FS.
New 11-29-98.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-5 - MENTAL HEALTH ACT REGULATION › Section 65E-5.352 - Procedures for Complaints and Investigations in Receiving Facilities

Current through Reg. 50, No. 138; July 16, 2024
Complaints with regard to the provisions of this chapter
				  shall be filed with the district or region mental health and substance abuse
				  program supervisor, or designee, of the district or region in which the
				  violation is alleged to have occurred. The district or region mental health and
				  substance abuse program supervisor shall appoint one or more employees to
				  determine if an investigation is warranted. If warranted, the investigation may
				  include the assistance of other agencies having jurisdiction over the facility.
				  If the district or region mental health and substance abuse program supervisor
				  determines that a violation of this chapter has occurred:
(1) Corrective action shall be required and a
				reasonable time in which to correct the violation shall be accorded to the
				facility, or
(2) If the corrective
				action is not sufficient, or the district or region mental health and substance
				abuse program supervisor determines that the violation warrants suspension or
				removal of designation, such action shall be considered pursuant to Rule
				 65E-5.353,
				F.A.C.
Rulemaking Authority
					 394.461(5) FS.
					 Law Implemented 394.461(5)
					 FS.
New 11-29-98, Amended
					 4-4-05.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-5 - MENTAL HEALTH ACT REGULATION › Section 65E-5.353 - Criteria and Procedures for Conditional, Suspension or Withdrawal of Designation of Receiving Facilities

Current through Reg. 50, No. 138; July 16, 2024
(1) After
				the Department issues an initial designation, pursuant to
				 65E-5.350 and 65E-12, F.A.C.,
				the Department has the ability to issue the following:
(a) Conditional Designation. A conditional
				designation may be issued when the Department determines failure to meet one or
				more of the standards for designation or maintenance of designation under this
				chapter, and the provider is implementing a corrective action plan in response
				to violations issued by the Department or the Agency for Health Care
				Administration.
(b) Suspension of
				Designation. When the Department determines that it is more likely than not
				that a facility, or its related entities, has failed to consistently meet one
				or more of the standards for designation or maintenance of designation under
				this chapter, it may suspend designation pending corrective action plan
				implementation. During the suspension period, no persons on involuntary status
				may be admitted to the facility. No re-application for designation as a
				receiving facility is required for reinstatement of designation.
(c) Withdrawal of Designation.
1. Designation may be withdrawn upon approval
				of the Department when it determines that it is more likely than not that any
				pattern of violations, or combination of violations, of Chapter 394, F.S., this
				rule chapter, and Chapter 65E-12, F.A.C., exists such as deficient admission,
				transfer or care practices, deficient observation or documentation of rights
				abuses, deficient discharge practices, deceptive or misleading practices in
				marketing, admission recruitment or referral practices; fraudulent clinical or
				billing practices; or patient brokering is evident. Examples of such offenses
				include violations by the facility, or parties acting on behalf of or in
				concert with the facility, or acting under its supervision, having engaged in
				deceptive, fraudulent, exploitative, abusive, or neglect type violations of
				Florida law, including Chapters 394 and 415, F.S., Sections
				 817.505 and
				 458.331, F.S.
2. Upon re-application after withdrawal of
				designation, the Department must have clear and convincing evidence that the
				problems with the facility, or its practitioners, leading to withdrawal of
				designation have been corrected and will not reoccur. This may include required
				internal and external monitoring to document continued satisfactory
				performance.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-5 - MENTAL HEALTH ACT REGULATION › Section 65E-5.400 - Baker Act Funded Services Standards

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Applicability. Designation as a public receiving facility is required for any
				facility licensed under the authority of Chapter 395 or 394, F.S., to be
				eligible for payment from Baker Act appropriations. Designation does not in and
				of itself represent any agreement to pay for any services rendered pursuant to
				Chapter 394, Part I, F.S., or this chapter. Public receiving facilities, under
				contract with the department, serve as a local focal point for district or
				region public information dissemination and educational activities with other
				local Baker Act involved entities and public agencies.
(2) Baker Act Funding.
(a) Only public receiving facilities,
				pursuant to Section  394.455(25),
				F.S., and only the costs of eligible Baker Act services provided to
				diagnostically and financially eligible persons may be paid with Baker Act
				appropriations.
(b) Baker Act
				services shall first be provided to acutely ill persons who are most in need of
				mental health services and are least able to pay.
(c) Persons receiving Baker Act funded
				services must meet financial eligibility criteria as established by the federal
				poverty guidelines. Public receiving facilities may provide Baker Act funded
				services to acutely ill persons who are financially ineligible if the total
				number of days of service paid for with Baker Act funds for financially
				ineligible persons does not exceed 20 percent of the total number of days paid
				for with Baker Act funds.
(d) An
				individual's diagnostic and financial eligibility shall be documented on
				mandatory form CF-MH 3084, Feb. 05, "Baker Act Service Eligibility, " which is
				incorporated by reference and may be obtained pursuant to Rule
				 65E-5.120, F.A.C., of this rule
				chapter.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-5 - MENTAL HEALTH ACT REGULATION › Section 65E-5.601 - Operation and Administration of State Mental Health Treatment Facilities

Current through Reg. 50, No. 138; July 16, 2024
(1) In order to protect the welfare of the
				individuals residing in state civil mental health facilities, the department
				shall establish the following grievance process for residents of all state
				civil mental health treatment facilities. The process shall be explained during
				the orientation process and in written orientation materials.
(2) Any grievance may be verbal or written.
				When the grievance is verbal, the facility will provide a party not named in
				the dispute to assist the resident in writing the grievance. The grievance
				shall detail the issue and the remedy sought. All resident grievances shall be
				addressed to the resident advocate and the unit director or treatment team
				leader. The Resident Advocacy Office shall monitor all grievances.
(3) The grievance shall be date-stamped upon
				receipt by the unit director or treatment team leader. At a minimum, the
				resident shall receive a written response to the grievance within 14 calendar
				days from date of receipt. The resident or the resident's representative may
				appeal the disposition of a grievance to the facility administrator.
(4) The steps for filing a grievance as
				stated in this rule shall be conspicuously posted in the living areas where the
				residents can read the steps.
Rulemaking Authority
					 394.457(5) FS.
					 Law Implemented 394.457(2),
					 394.459(5)
					 FS.
New 2-1-04.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-9 - LICENSURE OF RESIDENTIAL TREATMENT CENTERS › Section 65E-9.001 - Applicability

Current through Reg. 50, No. 138; July 16, 2024
These rules shall apply to all residential treatment centers,
				  including therapeutic group homes, under contract with the department or the
				  agency to provide treatment services to children with an emotional disturbance
				  or serious emotional disturbance who are admitted to services pursuant to
				  Chapter 39 or 394, F.S. These rules shall also apply to providers that serve
				  children through age 20 who are committed under Section
				   985.19, F.S.
Specific Authority
					 394.875(8) FS.
					 Law Implemented 394.875
					 FS.
New 7-25-06, Repromulgated
					 9-24-08.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-9 - LICENSURE OF RESIDENTIAL TREATMENT CENTERS › Section 65E-9.003 - Licensure

Current through Reg. 50, No. 138; July 16, 2024
(1) An entity operating as a residential
				treatment center, including therapeutic group homes, shall first obtain a
				license from the Agency. All applicants for licensure must comply with the
				application requirements of chapters 394, part IV, 408, part II, F.S., and the
				requirements of the Agency in rule chapter 59A-35, F.A.C.
(2) Buildings that are separated from one
				another in which a similar level of residential care and treatment is provided
				may be licensed as one facility under the following circumstances:
(a) Such buildings are not separated by
				another building, part of a building, or buildings used for other purposes;
				and,
(b) Such buildings are not
				separated by obstructions that impede the rapid movement of staff between
				them.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-9 - LICENSURE OF RESIDENTIAL TREATMENT CENTERS › Section 65E-9.004 - Administrative Enforcement

Current through Reg. 50, No. 138; July 16, 2024
(1) Provider staff
				shall cooperate with the Agency and Department personnel during surveys,
				complaint investigations, monitoring visits, implementation of correction
				plans, license application and renewal procedures, and other activities
				necessary to ensure compliance with chapter 394, F.S., and this rule.
(2) Administrative sanctions shall be imposed
				as authorized in section
				 394.879(4),
				F.S., for:
(a) Deficiencies which are not
				corrected within the time frame set by the Agency and for repeat
				deficiencies;
(b) Exceeding the
				licensed capacity;
(c) Violating a
				moratorium on admissions imposed under the provisions of this rule;
				and
(d) Failure to timely submit a
				renewal application in compliance with subsection
				 65E-9.003(7),
				F.A.C., or a change of ownership application in compliance with rule
				 65E-9.003,
				F.A.C.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-9 - LICENSURE OF RESIDENTIAL TREATMENT CENTERS › Section 65E-9.005 - Operating Standards

Current through Reg. 50, No. 138; July 16, 2024
(1) Governing body.
(a) Each provider shall have a governing body
				that exercises authority over the provider's operation, policies and practices,
				and compliance with this rule.
(b)
				For-profit and not-for-profit organizations shall maintain advisory boards that
				review the operational policies and practices, inspect facilities and programs,
				conduct interviews with children and staff members, and review matters
				affecting the care of and treatment for children.
(c) The governing body shall meet no less
				than once per year. Membership of the governing body shall not be fewer than
				five (5) members. The provider shall maintain a list of its members, which
				shall be available to the Agency and the Department and shall:
1. Include the names, address, and terms of
				membership of each member; and
2.
				Identify each office and the term of that office.
(d) Responsibilities of the governing body:
1. Ensure organizational policies are in
				place for the administration and operation of the residential treatment center,
				including a qualified administrator;
2. Evaluate in writing the administrator's
				performance annually;
3. Approve
				the annual budget of anticipated income and expenditures necessary to provide
				the services described in its statement of purpose and approve the annual
				financial audit report;
4.
				Establish and ensure compliance with written personnel practices;
5. Maintain written minutes of all meetings,
				which shall be open to inspection by the Agency and the Department, upon
				request;
6. Develop written
				policies for selection criteria and rotation of its members;
7. Develop and follow a written plan for the
				storage of records, including children's records, in the event of the closing
				of the program;
8. Ensure
				implementation of an effective quality improvement program that addresses at
				least the following components:
a. Credentials
				review and granting of clinical privileges to health care providers including
				but not limited to physicians, Advanced Nurse Practitioners, psychologists and
				other staff who oversee/supervise the delivery of mental and behavioral health
				services;
b. Monitoring of quality
				indicators; and
c. Mortality
				reviews.
9. Staff
				development plan for at least 15 hours per year on job related training to each
				staff whose duties require direct observation or contact with
				children.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-9 - LICENSURE OF RESIDENTIAL TREATMENT CENTERS › Section 65E-9.006 - Program Standards

Current through Reg. 50, No. 138; July 16, 2024
(1) Additional
				standards for therapeutic group homes. The primary mission of the therapeutic
				group home is to provide treatment of serious emotional disturbance.
				Distinguishing features of a therapeutic group home include the following:
(a) Meets the requirements of a single-family
				unit or community residential home as defined in chapter 419, F.S.; the home is
				a non-secure or unlocked facility;
(b) The use of mechanical restraint or drugs
				used as restraint is prohibited;
(c) If physical restraint is used, the
				following conditions shall be met:
1. Physical
				restraint must be applied only during potential emergency or crisis situations
				for no more than 30 minutes;
2. If
				the use of physical restraint is required during the child's stay, the
				treatment team shall formally review the child's treatment plan, at least
				monthly, and revise at the time of the review if determined necessary, to
				actively address and eliminate its use. As part of its review, the treatment
				team will determine whether implementation of an individual behavior plan is
				necessary, considering such factors as the frequency and duration of the
				physical restraint incidents and the age and cognitive ability of the child;
				and
3. The guidelines in rule
				 65E-9.013, F.A.C., related to
				physical restraint shall be met in addition to those listed
				above.
(d) The use of
				seclusion is prohibited. If time-out is used, the provider shall comply with
				the procedures outlined in subsection
				 65E-9.013(11),
				F.A.C.;
(e) Children or adolescents
				must be medically stable;
(f)
				Children or adolescents being served attend school in the community and engage
				in community recreational and social activities;
(g) Treatment plan includes treatment and
				support services, goals and objectives designed to enable children being served
				to transition to a less restrictive level of care or be reunited with their
				family; and
(h) Treatment and other
				mental health services are provided in a family-like setting, and the provider
				may employ professional parents to staff the home.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-9 - LICENSURE OF RESIDENTIAL TREATMENT CENTERS › Section 65E-9.007 - Staffing

Current through Reg. 50, No. 138; July 16, 2024
(1) Personnel procedures. The provider shall
				have written personnel procedures that, at a minimum, address the following
				items:
(a) The recruitment, retention,
				training and effective performance of qualified staff;
(b) The types and numbers of clinical,
				managerial and direct care staff needed to provide children with care and
				treatment in a safe and therapeutic environment;
(c) The requirement of the provider, as a
				mandated reporter, to report all suspected cases of child abuse, neglect and
				exploitation involving any employee, volunteer, or student to the Abuse
				Registry and the department, in accordance with chapter 39 and section
				 394.459,
				F.S.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-9 - LICENSURE OF RESIDENTIAL TREATMENT CENTERS › Section 65E-9.008 - Admission

Current through Reg. 50, No. 138; July 16, 2024
(1) Admission procedures subsections (3)
				through (6) do not apply to children placed in accordance with Section
				 985.19, F.S.
(2) The provider shall have and utilize
				written admission procedures that address:
(a) Admission criteria;
(b) List of materials and forms required from
				the parent, guardian or referring organization;
(c) Outline of the pre-placement procedures
				for the child, parent or guardian, the referring organization and the
				department; and
(d) Orientation for
				the child and parent or guardian, and guardian ad litem.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-9 - LICENSURE OF RESIDENTIAL TREATMENT CENTERS › Section 65E-9.010 - Length of Stay

Current through Reg. 50, No. 138; July 16, 2024
(1) The provider
				shall involve the child and the child's parent or guardian to the fullest
				extent possible at all stages of treatment planning and discharge planning
				toward the goal of reintegrating the child into the community.
(2) The child's discharge plan shall be
				reviewed and, if necessary, revised during each review of the treatment
				plan.
(3) The provider shall design
				individualized services and treatment for the child to address the child's
				presenting problems on admission with a goal of discharge to the community or
				to a step-down program within 120 days of admission for residential treatment
				centers and 365 days for therapeutic group homes.
Specific Authority
					 39.407,
					 394.875(10) FS.
					 Law Implemented 394.875
					 FS.
New 7-25-06.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-9 - LICENSURE OF RESIDENTIAL TREATMENT CENTERS › Section 65E-9.011 - Discharge and Discharge Planning

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The provider shall have and use on an ongoing basis a written procedure on
				discharge planning and aftercare services that specifies the availability of
				services and the persons responsible for implementation of the aftercare
				plan.
(2) Discharge planning shall
				begin at the time of admission. A discharge plan shall be developed, written
				and interpreted in collaboration with the child, parent or guardian,
				department, foster parents and guardian ad litem, if applicable, within ten
				days of admission, and a projected date for discharge shall be included in the
				child's treatment plan. A copy of the discharge plan shall be given to the
				parent or guardian, the guardian ad litem, and the department.
(3) Discharge planning shall include input
				from the child, the child's parent or guardian, foster parents, department, and
				guardian ad litem.
(4) Discharge
				planning may include a period of transition into the community, such as home
				visits and meetings with community mental health service providers.
(5) Discharges shall be approved and signed
				by the treating psychiatrist.
(6) A
				child may be discharged only to the parent, guardian or placing organization,
				unless the provider is otherwise ordered by the court.
(7) The provider shall finalize the discharge
				plan and have it approved and signed by the treatment team. A copy of this
				discharge plan shall be provided to the parent or legal guardian, guardian ad
				litem and department at least 30 days before the proposed discharge date,
				which, at a minimum, shall include:
(a) The
				initial formulation and diagnosis;
(b) A summary of treatment and services which
				have been provided, the outcomes of treatment in relation to the child's
				presenting problem on admission, and identification of needs for continuing
				treatment and services in the community following discharge;
(c) Recommendations for the child and parent
				or guardian following release from care, including referrals for
				community-based mental health services;
(d) The projected date of discharge and the
				name, address, telephone number and relationship of the person or organization
				to whom the child will be discharged; and
(e) A copy of the child's medical, dental,
				educational, medication and other records for the use of the person or
				organization who will assume care of the child following
				discharge.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-9 - LICENSURE OF RESIDENTIAL TREATMENT CENTERS › Section 65E-9.012 - Rights of Children

Current through Reg. 50, No. 138; July 16, 2024
(1) The provider
				shall protect children's rights under the federal and state constitutions and
				as specified in sections
				 394.459 and
				 394.4615, F.S. The provider
				shall also ensure that:
(a) Physical
				punishment and treatment modalities that place the child at risk of physical
				injury or pain or death, including electroconvulsive or other convulsive
				therapy, "cocoon therapy, " or other hazardous procedures shall never be
				used.
(b) Children shall not be
				subjected to cruel, severe, unusual or unnecessary punishment or assigned
				excessive exercise or work duties, nor shall they be subjected to physical or
				mental abuse or corporal punishment.
(c) The simultaneous use of seclusion and
				mechanical restraint is prohibited.
(d) Children shall not be subjected to
				hazing, verbal abuse, coercion or remarks that ridicule them, their families or
				others.
(e) Children shall not be
				denied food, water, clothing, or medical care.
(f) Children shall not be exploited or
				required to make public statements to acknowledge gratitude to the provider
				program or perform at public gatherings.
(g) Identifiable pictures of children shall
				not be used without prior written consent of the parent or guardian. The signed
				consent form for any such usage shall be event-specific, indicate how the
				pictures will be used, and placed in the child's clinical
				record.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-9 - LICENSURE OF RESIDENTIAL TREATMENT CENTERS › Section 65E-9.013 - Restraint, Seclusion, and Time Out

Current through Reg. 50, No. 138; July 16, 2024
(1)
				General requirements.
(a) Providers shall
				comply with guidelines for the use of restraint, seclusion and time-out as
				specified in Chapter 394, F.S., in addition to the guidelines specified in this
				rule.
(b) Restraint or seclusion
				shall not result in harm or injury to the child and shall be used only:
1. To ensure the safety of the child or
				others during an emergency safety situation; and
2. Until the emergency safety situation has
				ceased and the child's safety and the safety of others can be ensured, even if
				the restraint or seclusion order has not expired.
(c) Restraint or seclusion shall not be used
				for purposes of punishment, coercion, discipline, convenience, or retaliation
				by staff or to compensate for inadequate staffing.
(d) An order for restraint or seclusion shall
				not be issued as a standing order or on an as-needed basis.
(e) Restraint or seclusion shall be used in a
				manner that is safe and proportionate to the severity of the behavior and the
				child's chronological and developmental age; size; gender; physical, medical
				and psychiatric condition, including current medications; and personal history,
				including history of physical or sexual abuse.
(f) Only staff who have completed a
				competency-based training program that prepares them to properly use restraint
				or seclusion shall apply these procedures to children.
(g) Restraint that impedes respiration (e.g.,
				choke hold or basket hold), places weight on the child's upper torso, neck,
				chest or back, or restricts blood flow to the head is prohibited.
(h) Ambulatory or walking restraints (e.g.,
				shackles that bind the ankles and waist-wrist shackles) may only be used during
				transportation under the supervision of trained staff. The use of ambulatory or
				walking restraints is prohibited except for purposes of off-premise
				transportation.
(i) The provider's
				medical or clinical director shall be responsible for providing oversight of
				ongoing monitoring, quality improvement and staff training in the use of
				restraint and seclusion and in the use of less intrusive, alternative
				interventions.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-9 - LICENSURE OF RESIDENTIAL TREATMENT CENTERS › Section 65E-9.014 - Medication Administration and Use of Psychotropic Medication

Current through Reg. 50, No. 138; July 16, 2024
(1) The provider shall develop, implement and
				maintain written policies and procedures governing the administration of
				medication and the supervision of and assistance with self-administered
				medication. These policies and procedures shall include, but not be limited to,
				management of the medication administration program, training, inventory
				control, accounting, and disposal of medications. In addition, these policies
				and procedures shall be consistent with the Comprehensive Drug Abuse Prevention
				and Control Act of 1970, 21 U.S.C.; Chapter 893, F.S., the Drug Abuse and
				Prevention and Control Act; DEA compliance policy guidelines on disposal of
				controlled substances, C.F.R. 21, Title 21, Section 1307.21, Disposal of
				Controlled Substances, and related department rules and regulations.
(2) Children shall never be permitted to have
				medication in their possession or to take any medication without direct
				supervision of an authorized person.
(3) Psychotropic medication shall not be used
				as a substitute for treatment, for the convenience of staff, or in quantities
				that interfere with the child's treatment progress.
(4) The use of psychotropic medication shall
				be described in the child's treatment plan and shall include the desired goals
				and outcomes of the medication.
(5)
				Informed consent for the administration of psychotropic medication.
(a) Informed consent from the parents or
				legal guardian of any child must be obtained by the provider, in accordance
				with Section  394.459, F.S., when the dosage
				of current approved medications are changed and when the type of medication is
				changed.
(b) The requirements for
				obtaining express and informed consent for a child in the care and custody of
				the state are governed by Section
				 39.407, F.S.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-10 - PSYCHOTIC AND EMOTIONALLY DISTURBED CHILDREN - PURCHASE OF RESIDENTIAL SERVICES RULES › Section 65E-10.013 - Applicability (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 394.4781(3) FS.
					 Law Implemented 394.4781(3),
					 (4)
					 FS.
New 3-1-84, Formerly 10E-10.13, Amended 4-8-96, 8-12-96,
					 Formerly 10E-10.013, Amended 4-3-12, Repealed
					 10-24-21.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-10 - PSYCHOTIC AND EMOTIONALLY DISTURBED CHILDREN - PURCHASE OF RESIDENTIAL SERVICES RULES › Section 65E-10.014 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 394.4781(3),
					 (4) FS. Law Implemented
					 394.4781(3)
					 FS.
New 3-1-84, Formerly 10E-10.14, Amended 4-8-96, Formerly
					 10E-10.014, Amended 9-14-98, 4-3-12, Repealed
					 10-24-21.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-10 - PSYCHOTIC AND EMOTIONALLY DISTURBED CHILDREN - PURCHASE OF RESIDENTIAL SERVICES RULES › Section 65E-10.016 - Licensing Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 394.4781(3),
					 (4) FS. Law Implemented
					 394.4781(4)
					 FS.
New 3-1-84, Formerly 10E-10.16, Amended 4-8-96, Formerly
					 10E-10.016, Amended 4-3-12, Repealed
					 10-24-21.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-10 - PSYCHOTIC AND EMOTIONALLY DISTURBED CHILDREN - PURCHASE OF RESIDENTIAL SERVICES RULES › Section 65E-10.018 - Client Eligibility for Placement in Residential Treatment Programs (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 394.4781(3) FS.
					 Law Implemented 394.4781(3),
					 (4)
					 FS.
New 3-1-84, Formerly 10E-10.18, Amended 4-8-96, Formerly
					 10E-10.018, Amended 4-3-12, Repealed
					 10-24-21.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-10 - PSYCHOTIC AND EMOTIONALLY DISTURBED CHILDREN - PURCHASE OF RESIDENTIAL SERVICES RULES › Section 65E-10.019 - Cost Sharing (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 394.4781(3)(c)
					 FS. Law Implemented 394.4781(3)(c),
					 (4),
					 409.2561
					 FS.
New 3-1-84, Formerly 10E-10.19, 10E-10.019, Repealed
					 4-3-12.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-10 - PSYCHOTIC AND EMOTIONALLY DISTURBED CHILDREN - PURCHASE OF RESIDENTIAL SERVICES RULES › Section 65E-10.021 - Standards for Residential Treatment Programs Serving Emotionally Disturbed Children and Adolescents (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 394.4781(3),
					 (4) FS. Law Implemented
					 394.4781(3)
					 FS.
New 3-1-84, Formerly 10E-10.21, Amended 4-8-96, Formerly
					 10E-10.021, Amended 9-14-98, Repealed
					 4-3-12.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-11 - BEHAVIORAL HEALTH SERVICES › Section 65E-11.001 - Purpose; Construction

Current through Reg. 50, No. 138; July 16, 2024
The purpose of this chapter is to implement the provisions of
				  Section  409.8135, F.S., by setting forth
				  uniform procedures and standards for providing behavioral health services to
				  non-Medicaid eligible children with special health care needs who are enrolled
				  in the Title XXI part of the KidCare Program with regard to; the scope of
				  behavioral health services including duration and frequency, clinical
				  guidelines for referral to behavioral health services, behavioral health
				  services standards, performance-based measures and outcomes for behavioral
				  health services, and practice guidelines for behavioral health services to
				  ensure cost-effective treatment and to prevent unnecessary
				  expenditures.
Rulemaking Authority
					 409.8135(6) FS.
					 Law Implemented 409.8135
					 FS.
New 1-17-01.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-11 - BEHAVIORAL HEALTH SERVICES › Section 65E-11.003 - Scope of Behavioral Health Services

Current through Reg. 50, No. 138; July 16, 2024
(1) Children eligible for behavioral health
				services are those children that are Title XXI eligible-enrolled in the Florida
				KidCare Program and which are at least five (5) years of age and not yet
				nineteen (19) years of age.
(2)
				Providers of Behavioral Health Services shall adopt Section
				 394.491, F.S., and the
				legislative intent and purpose described in Chapter 397, F.S., as guiding
				principles in the delivery of services and supports to children with mental
				health and substance dependence disorders.
(3) Enrolled children shall be provided any
				of the medically necessary behavioral health services that are available to
				Medicaid eligible children under:
(a)
				Florida's Medicaid benefit package for Community Mental Health, Inpatient and
				Outpatient Hospitals. Notwithstanding paragraph
				 65E-11.003(3)(a),
				F.A.C., a Provider of Behavioral Health Services shall not be liable for more
				than 10 inpatient days per contract year.
(b) Targeted Case Management; and,
(c) Physician and Pharmaceutical
				services.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-11 - BEHAVIORAL HEALTH SERVICES › Section 65E-11.004 - Clinical Guidelines for Referral

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Every child referred to the Behavioral Health Network shall be screened as a
				first step in determining the child's eligibility for services. If the
				screening indicates the child has the potential to meet the Behavioral Health
				Network clinical eligibility criteria described in this section, an assessment
				shall be conducted.
(2) A child
				shall be considered eligible for behavioral health services from the Behavioral
				Health Network when the child is determined to be Title XXI eligible for the
				Florida KidCare Program, be at least five (5) years of age and not yet nineteen
				(19) years of age, and
(a) The child requires
				a level of care not available in the other KidCare programs and care is in
				excess of the benchmark behavioral health benefit package as described in
				Chapter 409, F.S.; and,
(b) The
				child is expected to show improvement or achieve stability as a direct result
				of the services to be rendered under the benefit package specified in Rule
				 65E-11.003, F.A.C.;
				and,
(c) At the time of assessment,
				the child requires no more than 30 days of residential treatment;
				and,
(d) The child's family
				indicates a willingness to participate in the goals and objectives outlined in
				the child's treatment plan; and,
(e) The child meets one of the following
				clinical eligibility criteria described below as determined by the Lead Agency
				or their designee for making clinical eligibility determinations:
1. The child has a DSM-IV Axis I clinical
				classification of mental disorders or substance-related disorders,
2. A child diagnosed with
				Attention-Deficit/Hyper Activity Disorder as the primary DSM-IV-R Axis I
				diagnosis does not qualify for Behavioral Health Network services; and,
3. The child demonstrates a
				significant level of functional impairment as measured by the Children's Global
				Assessment Scale (C-GAS), with a score of fifty or
				below.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-11 - BEHAVIORAL HEALTH SERVICES › Section 65E-11.005 - Behavioral Health Services Standards

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Lead Agencies shall adopt and distribute to their network members and
				subcontracted Providers of Behavioral Health Services, clinical practice
				guidelines and practice parameters for providing behavioral health services to
				enrolled children and their families that are based on the service standards
				and clinical guidelines described in this rule and Rule
				 65E-11.006, F.A.C.
(a) The clinical practice guidelines and
				practice parameters, shall be in writing and available to the department upon
				request and shall be based on national behavioral health standards developed by
				the American Academy of Child and Adolescent Psychiatry, or the American
				Managed Behavioral HealthCare Association, or the treatment improvement
				protocols developed by the Federal Center for Substance Abuse Treatment (CSAT)
				of the Substance Abuse and Mental Health Services Administration (SAMHSA), or
				on behavioral health standards reviewed and accepted by national accrediting
				bodies such as the Rehabilitation Accreditation Commission (CARF), or the
				National Committee for Quality Assurance (NCQA), or the Council on
				Accreditation (COA), or the Joint Commission on Accreditation of Health Care
				Organizations (JCAHCO), or based on any combination of the standards developed
				by the organizations described in this chapter.
(b) A Deemed Status. A Provider of Behavioral
				Health Services that becomes unconditionally accredited to provide behavioral
				health services either through The Joint Commission on Accreditation of
				Healthcare Organizations, or the Commission on Accreditation of Rehabilitation
				Facilities, or the Council on Accreditation, shall be deemed to have complied
				with all minimal clinical practice guidelines, practice parameters, and
				credentialing standards required by this rule for so long as the accreditation
				is maintained in good standing. Notwithstanding this requirement, Providers of
				Behavioral Health Services who provide services for the treatment and
				prevention of substance dependence shall have met the minimum standards for
				licensure as set forth in Chapter 397, F.S.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-11 - BEHAVIORAL HEALTH SERVICES › Section 65E-11.006 - Performance-Based Measures and Outcomes

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Contractual agreements between the department and Providers of Behavioral
				Health Services shall minimally contain performance-based measures addressing
				the standards described in Rule
				 65E-11.005, F.A.C., and practice
				guidelines in Rule  65E-11.007, F.A.C.
(2) Providers of Behavioral Health Services
				which hold current accreditation for behavioral health services from the
				accrediting bodies described in Rule
				 65E-11.005, F.A.C., shall be
				deemed to have met the minimal standards described in this chapter.
				Notwithstanding the previous statement, no program shall be exempted from any
				of the fiscal and accounting requirements described in Chapter 287, F.S., rules
				of the department, and federal statutes and regulations governing the state's
				implementation of the Title XXI program.
(3) Providers of Behavioral Health services,
				within their scope of services, shall assist enrolled children to achieve the
				following outcomes:
(a) Children are connected
				to natural support networks when such connection is in the best interest of the
				child or adolescent;
(b) Children
				have access to services;
(c)
				Children receive individualized services based on their presenting
				condition;
(d) Children and
				families are active participants in the planning and selection of
				treatment;
(e) Children receive
				services in the most integrated setting appropriate to the child;
(f) Children are linked to integrated and
				community-based services;
(g)
				Children are provided with supports and skills to prepare for
				adulthood.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-11 - BEHAVIORAL HEALTH SERVICES › Section 65E-11.007 - Practice Guidelines for Behavioral Health Services to Ensure Cost-Effective Treatment and to Prevent Unnecessary Expenditures

Current through Reg. 50, No. 138; July 16, 2024
(1) Treatment Plan. A written treatment plan
				shall be developed within 10 working days of enrollment into the Behavioral
				Health Network for each enrolled child. At a minimum, the plan shall include
				clear time-limited treatment objectives, related interventions, clinical
				criteria for discharge, and evidence that the child and family, consistent with
				the statutes and rules of the department for family involvement, has been
				included in the development of the treatment plan.
(a) A board certified child psychiatrist or a
				Licensed Practitioner of the Healing Arts with experience treating children who
				have mental or substance-related disorders shall serve as the authorizing
				authority for necessary services. The Lead Agency shall communicate the details
				of the plan to the local Children's Medical Services Area Office. The plan
				shall be reviewed and updated no later than ninety (90) days apart.
(b) Notwithstanding paragraph
				 65E-11.007(1)(a),
				F.A.C., above, if the provider can demonstrate that a board certified child
				psychiatrist or a Licensed Practitioner of the Healing Arts with experience
				treating children who have mental or substance-related disorders is not
				available for participation due to the lack of availability, a psychiatrist
				with experience treating children who have mental disorders or a medical doctor
				with experience treating children for substance-related disorders shall serve
				as the authorizing authority for necessary services.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-12 - PUBLIC MENTAL HEALTH CRISIS STABILIZATION UNITS AND SHORT-TERM RESIDENTIAL TREATMENT PROGRAMS › Section 65E-12.104 - Licensing Procedure

Current through Reg. 50, No. 138; July 16, 2024
(1) Every entity
				operating as a CSU or SRT is required to obtain a license from the agency
				unless specifically excluded from licensure under the provisions of Section
				 394.875, F.S. All applicants for
				licensure must comply with the requirements of Chapter 394, Parts I and IV,
				F.S., Chapter 408, Part II, F.S., and Chapter 59A-35, F.A.C.
(2) Accredited Programs. CSUs and SRTs which
				are accredited by The Joint Commission (TJC), Council on Accreditation (COA) or
				Commission on Accreditation of Rehabilitation Facilities (CARF) shall provide
				proof of accreditation as required by Section
				 394.741, F.S. Application for
				licensure by accredited programs does not preclude monitoring by the
				department, the agency and fire marshal, and compliance with the provisions of
				rule Chapter 65E-12, F.A.C.
(3)
				Liability Insurance Coverage.
(a) Applicants
				shall provide proof of professional liability insurance coverage from an
				authorized insurer in an amount not less than $300, 000 per occurrence with a
				minimum annual aggregate of not less than $1, 000, 000.
(b) Applicants shall provide proof of general
				liability insurance coverage from an authorized insurer in an amount not less
				than $300, 000 per occurrence with a minimum annual aggregate of not less than
				$1, 000, 000.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-12 - PUBLIC MENTAL HEALTH CRISIS STABILIZATION UNITS AND SHORT-TERM RESIDENTIAL TREATMENT PROGRAMS › Section 65E-12.105 - Minimum Staffing Standards

Current through Reg. 50, No. 138; July 16, 2024
(1) Each
				facility shall designate an individual who is responsible for the overall
				management and operation of a CSU or SRT and whose qualifications and duties
				are defined in the individual's job description. The job description shall
				ensure that other job responsibilities will not impede the operation and
				administration of the CSU or SRT. The occupant of this position shall possess
				experience in acute mental health and hold at least a bachelor's degree in the
				human services field or be a registered nurse.
(2)
(a)
				Every CSU and SRT shall have at least one psychiatrist as primary medical
				coverage as defined in Section
				 394.455(24),
				F.S. Back-up coverage may be a physician who will consult with the
				psychiatrist. The psychiatrist or physician shall be on call 24-hours-a-day and
				will make daily rounds. Counties of less than 50, 000 population may utilize a
				licensed physician for on-call activities and daily rounds as long as the
				physician has postgraduate training and experience in diagnosis and treatment
				of mental and nervous disorders.
(b) The psychiatrist shall be responsible for
				the development of general medical policies, prescription of medications, and
				medical treatment of persons receiving services. Each person shall be provided
				medical or psychiatric services as considered appropriate and such services
				shall be recorded by the physician or psychiatrist in the clinical
				record.