Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-5 - MENTAL HEALTH ACT REGULATION › Section 65E-5.160 - Right to Treatment

Current through Reg. 50, No. 138; July 16, 2024
(1) Patients shall
				have the opportunity to participate in the preparation of their own treatment
				and discharge plans at receiving and treatment facilities and by service
				providers. In instances when the person refuses or is unable to participate in
				such planning, such refusal or inability shall be documented in the person's
				clinical record.
(2) Comprehensive
				service assessment and treatment planning, including discharge planning, shall
				begin the day of admission and shall also include the person's case manager if
				any, the person's friends, family, significant others, or guardian, as desired
				by the person. If the person has a court appointed guardian, the guardian shall
				be included in the service assessment and treatment planning. Obtaining legal
				consent for treatment, assessment and planning protocols shall also include the
				following:
(a) How any advance directives
				will be obtained and their provisions addressed and how consent for treatment
				will be expeditiously obtained for any person unable to provide
				consent;
(b) Completion of
				necessary diagnostic testing and the integration of the results and
				interpretations from those tests. The results and interpretation of the results
				shall be reviewed with the person;
(c) The development of treatment goals
				specifying the factors and symptomatology precipitating admission and
				addressing their resolution or mitigation;
(d) The development of a goal within an
				individualized treatment plan, including the individual's strengths and
				weaknesses, that addresses each of the following: living arrangements, social
				supports, financial supports, and health, including mental health. Goals shall
				be inclusive of the person's choices and preferences and utilize available
				natural social supports such as family, friends, and peer support group
				meetings and social activities;
(e)
				Objectives for implementing each goal shall list the actions needed to obtain
				the goal, and shall be stated in terms of outcomes that are observable,
				measurable, and time-limited;
(f)
				Progress notes shall be dated and shall address each objective in relation to
				the goal, describing the corresponding progress, or lack of progress being
				made. Progress note entries and the name and title of writer must be clearly
				legible;
(g) Periodic reviews shall
				be comprehensive, include the person, and shall be the basis for major
				adjustments to goals and objectives. Frequency of periodic reviews shall be
				determined considering the degree to which the care provided is acute care and
				the projected length of stay of the person;
(h) Progress note observations, participation
				by the person, rehabilitative and social services, and medication changes shall
				reflect an integrated approach to treatment;
(i) Facilities shall update the treatment
				plan, including the physician summary, at least every 30 days during the time a
				person is in a receiving or treatment facility except that persons retained for
				longer than 24 months shall have updates at least every 60 days;
(j) The clinical record shall comprehensively
				document the person's care and treatment, including injuries sustained and all
				uses of emergency treatment orders; and,
(k) Persons who will have a continued
				involuntary outpatient placement hearing pursuant to Section
				 394.4655(7),
				F.S., or continued involuntary inpatient placement hearing pursuant to Section
				 394.467(7),
				F.S., shall be provided with comprehensive re-assessments, the results of which
				shall be available at the hearing.