reglab/statecodes huggingface dataset:
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65D - Substance Abuse Program › Chapter 65D-30 - SUBSTANCE ABUSE SERVICES OFFICE › Section 65D-30.014 - Standards for Medication-Assisted Treatment for Opioid Use Disorders

Current through Reg. 50, No. 138; July 16, 2024
(1) State Authority. The state authority is
				the Department's Office of Substance Abuse and Mental Health. The State Opioid
				Treatment Authority (SOTA) is the individual designated by the Office of
				Substance Abuse and Mental Health to exercise the state's authority and
				responsibilities in governing opiate treatment by opioid treatment programs.
				The SOTA acts as the state's coordinator for the development and regulatory
				monitoring of opioid treatment programs and serves as a liaison with the
				appropriate federal, state and local agencies.
(2) Federal Authority. The federal authority
				is the Center for Substance Abuse Treatment.
This rule shall remain in effect for a period of five years
				  after its effective date and shall be reviewed by the Department for its
				  continued necessity at least 90 days before its
				  expiration.
Rulemaking Authority
					 397.321(5) FS.
					 Law Implemented 397.311(26),
					 397.321,
					 397.410,
					 397.427
					 FS.
New 5-25-00, Amended 4-3-03, 6-25-19,
					 8-10-20.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-5 - MENTAL HEALTH ACT REGULATION › Section 65E-5.024 - Types of Receiving Facilities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 394.457(5) FS.
					 Law Implemented 394.455
					 FS.
New 12-28-82, Formerly 10E-5.24, 10E-5.024, Repealed
					 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› Chapter 65E-5 - MENTAL HEALTH ACT REGULATION › Section 65E-5.026 - Special Responsibilities of Receiving Facilities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 394.453,
					 394.4595(5),
					 394.78 FS. Law Implemented
					 394.453,
					 394.457,
					 394.4593,
					 394.459,
					 394.74,
					 394.75,
					 394.94(2),
					 394.77
					 FS.
New 12-28-82, Amended 2-28-85, Formerly 10E-5.26, Amended
					 7-19-89, 5-2-96, Formerly 10E-5.026, Repealed
					 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-5.027 - Responsibility of Community Mental Health Centers and Clinics (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 394.457(5) FS.
					 Law Implemented 394.453,
					 394.4573
					 FS.
New 12-28-82, Amended 2-28-85, Formerly 10E-5.27, Amended
					 5-2-96, Formerly 10E-5.027, Repealed
					 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-5.032 - Patient Rights (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 394.457(5) FS.
					 Law Implemented 394.459,
					 394.459(1), (3), (5), (6), (7), (9), (10), (11),
					 (12) FS.
New 12-28-82, Amended 2-28-85, Formerly 10E-5.32, Amended
					 11-4-86, 1-2-97, Formerly 10E-5.032, Repealed
					 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-5.050 - Forms and Clinical Record Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 394.457(5),
					 394.46715 FS. Law Implemented
					 394.455,
					 394.457(5)(a)
					 FS.
New 4-4-05, Amended 1-8-07, Repealed
					 4-2-12.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-5 - MENTAL HEALTH ACT REGULATION › Section 65E-5.110 - Delegation of Authority

Current through Reg. 50, No. 138; July 16, 2024
In order to protect the health and safety of persons treated
				  in or served by any receiving or treatment facility or any service provider,
				  any delegation of an administrator's authority pursuant to Chapter 394, F.S.,
				  or these rules shall be documented in writing prior to exercising the delegated
				  authority. Routine delegations of authority shall be incorporated in the
				  facility's written policies.
Rulemaking Authority
					 394.457(5),
					 394.46715 FS. Law Implemented
					 394, 394.457(5)(a),
					 394.4655
					 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-5.115 - Mental Health Personnel (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 394.457(5),
					 394.46715 FS. Law Implemented
					 394.455,
					 394.457(5)(a)
					 FS.
New 4-4-05, Amended 1-8-07, Repealed
					 4-2-12.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-5 - MENTAL HEALTH ACT REGULATION › Section 65E-5.120 - Forms

Current through Reg. 50, No. 138; July 16, 2024
All forms referred to in this chapter are available from the
				  Department's website,
				  http://www.myflfamilies.com/service-programs/mental-health/baker-act-forms. All
				  forms incorporated in this rule chapter contain the information necessary to
				  comply with the statutory and rule requirements. Forms may be modified for the
				  following purposes: to accommodate electronic health record formats; for
				  provider and individual identification; and, for electronic signatures and
				  dates. All forms shall be maintained in the individual's clinical
				  record.
Rulemaking Authority
					 394.457(5) FS.
					 Law Implemented 394.457(5)
					 FS.
New 11-29-98, Amended 4-4-05,
					 7-20-23.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-5 - MENTAL HEALTH ACT REGULATION › Section 65E-5.130 - Continuity of Care Management System

Current through Reg. 50, No. 138; July 16, 2024
Persons receiving case management services.
(1) At the time of admission receiving
				facilities shall inquire of the person or significant others as to the
				existence of any advance directives and as to the identity of the person's case
				manager. If a case manager for the person is identified, the administrator or
				designee shall request the person's authorization to notify the person's case
				manager or the case management agency of the person's admission to the
				facility. If authorized, such notification shall be made within 12 hours to the
				published 24-hour telephone listing for the case manager or case management
				agency. This inquiry, notification, and the identity of the case manager or
				case management agency, if any, shall be documented on the face sheet or other
				prominent location in the person's clinical record.
(2) A department funded mental health case
				manager, when notified by a receiving facility that a client has been admitted,
				shall visit that person as soon as possible but no later than two working days
				after notification to assist with discharge and aftercare planning to the least
				restrictive, appropriate and available placement. If the person is located in a
				receiving facility outside of the case manager's district or region of
				residence, the department funded mental health case manager may substitute a
				telephone contact for a face-to-face visit which shall be documented in the
				case management record and in the person's clinical record at the receiving
				facility.
Rulemaking Authority
					 394.457(5) FS.
					 Law Implemented 394.4573(2)
					 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-5.1301 - Transfer Evaluations for Admission to State Mental Health Treatment Facilities from Receiving Facilities

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				person in a receiving facility shall not be transferred to a state treatment
				facility without the completion of a transfer evaluation, in accordance with
				Section  394.461(2),
				F.S., using mandatory form CF-MH 3089, Feb. 05, "Transfer Evaluation, " which
				is hereby incorporated by reference and may be obtained pursuant to Rule
				 65E-5.120, F.A.C., of this rule
				chapter. The process for conducting such transfer evaluations shall be
				developed by the community mental health center or clinic and be approved by
				the district or regional office of the department where the center or clinic is
				located and shall include:
(a) Designation of
				the contracted mental health centers or clinics that are responsible for
				conducting the transfer evaluations, including the receiving facilities or
				persons for which each center or clinic is responsible;
(b) Establishment of the time within which a
				mandatory form CF-MH 3089, "Transfer Evaluation, " as referenced in subsection
				 65E-5.1301(1),
				F.A.C., shall be completed. This form shall be completed by the designated
				community mental health center and submitted to the court for all persons for
				whom involuntary placement in a state treatment facility is sought, and
				directly to the state treatment facility for all persons for whom voluntary
				admission is sought; and,
(c)
				Specification of the minimum training and education of the persons qualified to
				conduct the transfer evaluations and the training and educational
				qualifications of the evaluators' immediate supervisor. Unless otherwise
				established in writing by the district or region, the evaluator shall have at
				least a bachelor's degree and the immediate supervisor a master's degree in a
				clinical or human services area of study.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-5 - MENTAL HEALTH ACT REGULATION › Section 65E-5.1302 - Admissions to State Treatment Facilities

Current through Reg. 50, No. 138; July 16, 2024
(1) Receiving facilities must obtain approval
				from the state treatment facility prior to the transfer of a person. A state
				treatment facility shall be permitted to accept persons for transfer from a
				receiving facility if the administrator of the receiving facility has provided
				the following documentation, which documentation shall be retained in the
				person's clinical record:
(a) Recommended
				form CF-MH 7000, Jan. 98, "State Mental Health Facility Admission Form, " with
				all required attachments, which is hereby incorporated by reference and may be
				obtained pursuant to Rule
				 65E-5.120, F.A.C., of this rule
				chapter;
(b) Recommended forms
				CF-MH 3040, Feb. 05, "Application for Voluntary Admission, " which is
				incorporated by reference and may be obtained pursuant to Rule
				 65E-5.120, F.A.C., of this rule
				chapter, or CF-MH 3008, Feb. 05, "Order for Involuntary Inpatient Placement, "
				which is incorporated by reference and may be obtained pursuant to Rule
				 65E-5.120, F.A.C., of this rule
				chapter; and,
(c) Mandatory form
				CF-MH 3089, "Transfer Evaluation" as referenced in subsection
				 65E-5.1301(1),
				F.A.C.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-5 - MENTAL HEALTH ACT REGULATION › Section 65E-5.1304 - Discharge Policies of Receiving and Treatment Facilities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 394.457(5) FS.
					 Law Implemented 394.459(11)
					 FS.
New 11-29-98, Amended 4-4-05, Repealed
					 4-9-13.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-5 - MENTAL HEALTH ACT REGULATION › Section 65E-5.1305 - Discharge from a State Treatment Facility (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 394.457(5) FS.
					 Law Implemented 394.4573,
					 394.459(11),
					 394.468
					 FS.
New 11-29-98, Amended 4-4-05, Repealed
					 4-9-13.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-5 - MENTAL HEALTH ACT REGULATION › Section 65E-5.140 - Rights of Persons

Current through Reg. 50, No. 138; July 16, 2024
(1) Every person
				admitted to a designated receiving or treatment facility or ordered to
				treatment at a service provider shall be provided with a written description of
				his or her rights at the time of admission. Recommended form CF-MH 3103, Feb.
				05, "Rights of Persons in Mental Health Facilities and Programs, " 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. A copy of the rights statement, signed by
				the person evidencing receipt of the copy, shall be placed in the person's
				clinical record and shall also be provided to the person's guardian, guardian
				advocate, representative, and health care surrogate or proxy.
(2) To assure that persons have current
				information as to their rights, a copy of the Florida Mental Health Act
				(Chapter 394, Part I, F.S.) and Mental Health Act Regulations (Chapter 65E-5,
				F.A.C.) shall be available, and provided upon request, in every psychiatric
				unit of each receiving and treatment facility and by each service provider and,
				upon request shall be made available for review by any person, guardian,
				guardian advocate, representative, or health care surrogate or proxy. The
				administrator or designee of the facility or service provider shall make
				physicians, nurses, and all other direct service staff aware of the location of
				these documents so they are able to promptly access them upon
				request.
(3) Posters delineating
				rights of persons served in mental health facilities and by service providers,
				including those with telephone numbers for the Florida Abuse Hotline, Florida
				Local Advocacy Council, and the Advocacy Center for Persons with Disabilities,
				shall be legible, a minimum of 14 point font size, and shall be posted
				immediately next to telephones which are available for persons served by the
				facility or provider.
(4) Each
				person shall be afforded the opportunity to exercise his or her rights in a
				manner consistent with Section
				 394.459(1),
				F.S. The imposition of individual or unit restrictions and the development of
				unit policies and procedures shall address observance of protecting rights of
				persons served in developing criteria or processes to provide for care and
				safety.
Rulemaking Authority
					 394.457(5),
					 394.46715 FS. Law Implemented
					 394.459(1),
					 (12),
					 394.4655
					 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-5.150 - Person's Right to Individual Dignity

Current through Reg. 50, No. 138; July 16, 2024
(1) Freedom of movement is a right of persons
				in mental health receiving and treatment facilities. Any restriction of this
				right requires a physician's order based upon risk factors. Each receiving and
				treatment facility shall have policies that describe freedom of movement and
				access to grounds. When a suitable area is immediately adjacent to the unit,
				the staff shall afford each person an opportunity to spend at least one half
				hour per day in an open, out of doors, fresh air activity area, unless there is
				a physician's order prohibiting this, with documentation in the person's
				clinical record of the clinical reasons that access to fresh air will not be
				accommodated.
(2) Use of special
				clothing for identification purposes such as surgical scrubs or hospital gowns
				to identify persons who are in need of specific precautions or behavior
				modification restrictions is prohibited as a violation of individual dignity.
				Prison or jail attire shall not be permitted for persons admitted or retained
				in a receiving facility except while accompanied by a uniformed law enforcement
				officer, for purposes of security. Under non-psychiatric medical circumstances,
				use of special clothing may be ordered by the person's physician on an
				individual basis. Documentation of the circumstances shall be included in the
				person's clinical record.
Rulemaking Authority
					 394.457(5) FS.
					 Law Implemented 394.459(1)
					 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-5.1601 - General Management of the Treatment Environment

Current through Reg. 50, No. 138; July 16, 2024
(1) Management and personnel of the
				facility's treatment environment shall use positive incentives in assisting
				persons to acquire and maintain socially positive behaviors as determined by
				the person's age and developmental level.
(2) Each designated receiving and treatment
				facility shall develop a schedule of daily activities listing the times for
				specific events, which shall be posted in a common area and provided to all
				persons.
(3) Interventions such as
				the loss of personal freedoms, loss of earned privileges or denial of
				activities otherwise available to other persons shall be minimized and utilized
				only after the documented failure of the unit's positive incentives for the
				individuals involved.
(4)
				Facilities shall ensure that any verbal or written information provided to
				persons must be accessible in the language and terminology the person
				understands.
Rulemaking Authority
					 394.457(5) FS.
					 Law Implemented 394.459(2),
					 (11)
					 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-5.1602 - Individual Behavioral Management Programs

Current through Reg. 50, No. 138; July 16, 2024
When an individualized treatment plan requires interventions
				  beyond the existing unit rules of conduct, the person shall be included, and
				  the person's treatment plan shall reflect:
(1) Documentation, signed by the physician
				that the person's medical condition does not exclude the proposed
				interventions;
(2) Consent for the
				treatment to be provided;
(3) A
				general description of the behaviors requiring the intervention, which may
				include previous emergency interventions;
(4) Antecedents of that behavior;
(5) The events immediately following the
				behavior;
(6) Objective definition
				of the target behaviors, such as specific acts, level of aggression,
				encroachment on others' space, self-injurious behavior or excessive
				withdrawal;
(7) Arrangements for
				the consistent collection and recording of data;
(8) Analysis of data;
(9) Based on data analysis, development of
				intervention strategies, if necessary;
(10) Development of a written intervention
				strategy that includes criteria for starting and stopping specific staff
				interventions and the process by which they are to occur;
(11) Continued data collection, if
				interventions are implemented; and,
(12) Periodic review and revision of the plan
				based upon data collected and analyzed.
Rulemaking Authority
					 394.457(5) FS.
					 Law Implemented 394.459(2),
					 (11)
					 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-5.1703 - Emergency Treatment Orders for the Administration of Psychotropic Medications

Current through Reg. 50, No. 138; July 16, 2024
(1) An emergency
				treatment order for the administration of psychotropic medications shall be
				consistent with the least restrictive treatment interventions.
(a) The issuance of an emergency treatment
				order requires a physician's review of the individual's condition for causal
				medical factors, such as the following:
1.
				Insufficient blood levels of psychotropic medication;
2. Medication interactions with psychotropic
				or other medications;
3. Side
				effects or adverse reactions to medications;
4. Organic, disease or medication based
				metabolic imbalances or toxicity; or
5. Other biologically based or influenced
				symptoms.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-5 - MENTAL HEALTH ACT REGULATION › Section 65E-5.180 - Right to Quality Treatment

Current through Reg. 50, No. 138; July 16, 2024
The following standards shall be required in the provision of
				  quality mental health treatment:
(1)
				Each receiving and treatment facility and service provider shall, using
				nationally accepted accrediting standards for guidance, develop written
				policies and procedures for planned program activities designed to enhance the
				person's self image, as required by Section
				 394.459(2)(d),
				F.S. These policies and procedures shall include curriculum, specific content,
				and performance objectives and shall be delivered by staff with content
				expertise. Medical, rehabilitative, and social services shall be integrated and
				provided in the least restrictive manner consistent with the safety of the
				persons served.
(2) Each facility
				and service provider, using nationally accepted accrediting standards for
				guidance, shall adopt written professional standards of quality, accuracy,
				completeness, and timeliness for all diagnostic reports, evaluations,
				assessments, examinations, and other procedures provided to persons under the
				authority of Chapter 394, Part I, F.S. Facilities shall monitor the
				implementation of those standards to assure the quality of all diagnostic
				products. Standards shall include and specify provisions addressing:
(a) The minimum qualifications to assure
				competence and performance of staff who administer and interpret diagnostic
				procedures and tests;
(b) The
				inclusion and updating of pertinent information from previous reports,
				including admission history and key demographic, social, economic, and medical
				factors;
(c) The dating, accuracy
				and the completeness of reports;
(d) The timely availability of all reports to
				users;
(e) Reports shall be legible
				and understandable;
(f) The
				documentation of facts supporting each conclusion or finding in a
				report;
(g) Requirements for the
				direct correlation of identified problems with problem resolutions that
				consider the immediacy of the problem or time frames for resolution and which
				include recommendations for further diagnostic work-ups;
(h) Requirement that the completed report be
				signed and dated by the administering staff; and,
(i) Consistency of information across various
				reports and integration of information and approaches across
				reports.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-5 - MENTAL HEALTH ACT REGULATION › Section 65E-5.1802 - Maintenance of the Facility

Current through Reg. 50, No. 138; July 16, 2024
The facility shall ensure the proper functioning and
				  maintenance of the facility structure, finishes, fixtures, furnishings, and
				  equipment. The facility shall ensure the ready availability of necessary
				  medical equipment or devices for the populations served, including restraint
				  equipment that is suitable to the safety and medical needs of the persons being
				  served.
Rulemaking Authority
					 394.457(5) FS.
					 Law Implemented 394.459(4)
					 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-5.190 - Right to Communication and Visits

Current through Reg. 50, No. 138; July 16, 2024
(1) If
				the treatment team imposes any restrictions on whom a person in a receiving or
				treatment facility may communicate, such restrictions and justification shall
				be recorded in the person's clinical record. Recommended form CF-MH 3049, Feb.
				05, "Restriction of Communication or Visitors, " 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. Facility staff shall make competent
				adults aware that they have the ability to waive the confidentiality of their
				presence in a receiving or treatment facility and allowing all or specified
				individuals the person selects access to private and open communication with
				the person. Recommended form CF-MH 3048, Feb. 05, "Confidentiality Agreement, "
				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.
(2) Immediate access to a telephone shall be
				provided to each person requesting to call his or her legal counsel, Florida
				Abuse Registry, Florida Local Advocacy Council, or the Advocacy Center for
				Persons with Disabilities.
Rulemaking Authority
					 394.457(5) FS.
					 Law Implemented 394.459(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-5.200 - Right to Care and Custody of Personal Effects

Current through Reg. 50, No. 138; July 16, 2024
Each designated receiving and treatment facility shall
				  develop policies and procedures governing what personal effects will be removed
				  from persons for reasons of personal or unit safety, how they will be safely
				  retained by the facility, and how and when they will be returned to the person
				  or other authorized individual. Policies and procedures shall specify how
				  contraband and other personal effects determined to be detrimental to the
				  person will be addressed when not returned to the person or other authorized
				  individual. An inventory of personal effects shall be witnessed by two staff
				  and by the person, if able, at the time of admission, at any time the inventory
				  is amended, and at the time the personal effects are returned or transferred.
				  Recommended form CF-MH 3043, Feb. 05, "Inventory of Personal Effects, " 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.
Rulemaking Authority
					 394.457(5) FS.
					 Law Implemented 394.459(6)
					 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-5.210 - Right to Vote in Public Elections

Current through Reg. 50, No. 138; July 16, 2024
The facility shall have voter registration forms and
				  applications for absentee ballots readily available at the facility or in
				  accordance with the procedures established by the supervisor of elections, and
				  shall assure that each person who is eligible to vote and wishes to do so, may
				  exercise his or her franchise. Each designated receiving and treatment facility
				  shall develop policies and procedures governing how persons will be assisted in
				  exercising their right to vote.
Rulemaking Authority
					 394.457(5) FS.
					 Law Implemented 394.459(7)
					 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-5.220 - Right to Habeas Corpus

Current through Reg. 50, No. 138; July 16, 2024
(1) Upon
				admission to a receiving or treatment facility, each person shall be given
				notice of his or her right to petition for a writ of habeas corpus and for
				redress of grievances. Recommended form CF-MH 3036, Feb. 05, "Notice of Right
				to Petition for Writ of Habeas Corpus or for Redress of Grievances, " 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. A copy of the notice shall be provided to
				the guardian, guardian advocate, representative, or the health care surrogate
				or proxy, and the person's clinical record shall contain documentation that the
				notice was provided. A petition form shall be promptly provided by staff to any
				person making a request for such a petition. Recommended form CF-MH 3090, Feb.
				05, "Petition for Writ of Habeas Corpus or for Redress of Grievances, " 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.
(2) Receiving and treatment facilities shall
				accept and forward to the appropriate court of competent jurisdiction a
				petition submitted by the person or others in any form in which it is
				presented.
Rulemaking Authority
					 394.457(5) FS.
					 Law Implemented 394.459(8)
					 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-5.260 - Transportation

Current through Reg. 50, No. 138; July 16, 2024
(1) Each law enforcement officer or other
				transporter who takes an individual into custody for involuntary examination
				under the Baker Act shall provide the receiving facility or access center the
				original or an electronic copy of one of the following:
(a) Form CF-MH 3001, "Ex Parte Order for
				Involuntary Examination, " which is incorporated by reference in
				 65E-5.280, F.A.C., or other form
				provided by the court;
(b) Form
				CF-MH 3052a, "Report of a Law Enforcement Officer Initiating Involuntary
				Examination, " which is incorporated by reference in
				 65E-5.280, F.A.C.; or
(c) Form CF-MH 3052b, "Certificate of
				Professional Initiating Involuntary Examination, " which is incorporated by
				reference in  65E-5.280,
				F.A.C.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-5 - MENTAL HEALTH ACT REGULATION › Section 65E-5.2601 - Transportation Exception Plan (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 394.457(5) FS.
					 Law Implemented 394.462(3)
					 FS.
New 11-29-98, Amended 4-4-05, Repealed
					 7-20-23.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-5 - MENTAL HEALTH ACT REGULATION › Section 65E-5.270 - Voluntary Admission

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-5 - MENTAL HEALTH ACT REGULATION › Section 65E-5.280 - Involuntary Examination

Current through Reg. 50, No. 138; July 16, 2024
(1) Court Order.
				Sworn testimony shall be documented by using Form CF-MH 3002, (July 2023),
				"Petition and Affidavit Seeking Ex Parte Order Requiring Involuntary
				Examination, " which is incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-15765
,
				or other form used by the court. Documentation of the findings of the court on
				Form CF-MH 3001, (July 2023), "Ex Parte Order for Involuntary Examination, "
				which is incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-15766
,
				or other order used by the court, shall be used when there is reason to believe
				the criteria for involuntary examination are met. The ex parte order for
				involuntary examination shall accompany the individual to the receiving
				facility.
(2) Law Enforcement.
(a) If a law enforcement officer in the
				course of his or her official duties initiates an involuntary examination, the
				officer shall complete Form CF-MH 3052a, "Report of Law Enforcement Officer
				Initiating Involuntary Examination, " (July 2023), which is incorporated by
				reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-15767
.
(b) Form CF-MH 3052a, "Report of Law
				Enforcement Officer Initiating Involuntary Examination" shall accompany the
				individual to the receiving facility.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-5 - MENTAL HEALTH ACT REGULATION › Section 65E-5.2801 - Minimum Standards for Involuntary Examination Pursuant to Section 394.463, F.S

Current through Reg. 50, No. 138; July 16, 2024
The involuntary examination is also known as the initial
				  mandatory involuntary examination.
(1)
				Whenever an involuntary examination is initiated by a circuit court, a law
				enforcement officer, or a mental health professional as provided in section
				 394.463(2),
				F.S., an examination by a physician or clinical psychologist or psychiatric
				nurse must be conducted in person or via telehelth and documented in the
				person's clinical record. The examination, conducted at a facility licensed
				under chapter 394 or 395, F.S., must contain:
(a) A thorough review of any observations of
				the person's recent behavior;
(b) A
				review of Form CF-MH 3100, "Transportation to Receiving Facility, " which is
				incorporated in Rule  65E-5.260, and one of the
				following forms which are incorporated in
				 65E-5.280, F.A.C.: Form CF-MH
				3001, "Ex Parte Order for Involuntary Examination, ", or other form provided by
				the court, or Form CF-MH 3052a, "Report of Law Enforcement Officer Initiating
				Involuntary Examination, ", or Form CF-MH 3052b, "Certificate of Professional
				Initiating Involuntary Examination."
(c) A brief psychiatric history;
				and,
(d) A face-to-face examination
				of the person in a timely manner to determine if the person meets criteria for
				release.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-5 - MENTAL HEALTH ACT REGULATION › Section 65E-5.285 - Involuntary Outpatient Placement

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Petition for Involuntary Outpatient Placement.
(a) Each criterion alleged must be
				substantiated by evidence, as follows:
1.
				Evidence of age must be substantiated, whenever there is any question as to
				whether the person may be age 18 or older.
2. A diagnosis of mental illness shall be
				substantiated by 2 professionals as provided in Section
				 394.4655(2)(a),
				F.S., who have recently examined the person and whose observations of the
				person's condition are consistent with the statutory definition of mental
				illness, pursuant to Section
				 394.455(18),
				F.S., and the clinical description of that diagnosis as described in the
				Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text
				Revision, American Psychiatric Association, which is incorporated by reference
				and may be obtained from the American Psychiatric Association, 1000 Wilson
				Boulevard, Arlington, VA 22209-3901.
3. The clinical determination that a person
				is unlikely to survive safely in the community without supervision must be
				substantiated by evidence of current or past behaviors.
4. The person's history of lack of compliance
				with treatment for mental illness must be substantiated by evidence showing
				specific previous incidents in which the person was non-compliant with
				treatment, including time periods in which the person was non-compliant with
				treatment.
5. The person's
				involuntarily admission to a receiving or treatment facility or the mental
				health services in a forensic or correctional facility at least twice in the
				preceding 36 months, or the person's acts of serious violent behavior toward
				self or others or attempted serious bodily harm to self or others at least once
				during the preceding 36 months, shall be substantiated by evidence.
6. Evidence of the unlikelihood of the person
				to voluntarily participate in the recommended treatment plan, and either his or
				her refusal of voluntary placement or inability to determine whether placement
				is necessary must be substantiated by behaviors, events, and statements by the
				person supporting this finding.
7.
				Evidence of the person's treatment history and current behavior must be
				presented, including time periods of such treatment to substantiate the
				conclusion that the person needs involuntary placement in order to prevent a
				relapse or deterioration that would be likely to result in serious bodily harm
				to self or others or a substantial harm to his or her well-being.
8. Evidence must be presented to substantiate
				the likelihood of how the person will benefit from involuntary outpatient
				placement.
9. Evidence must be
				presented to substantiate each less restrictive alternative that was examined
				that would have offered an opportunity for the improvement of the person's
				condition.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-5 - MENTAL HEALTH ACT REGULATION › Section 65E-5.300 - Continued Involuntary Inpatient Placement at Treatment Facilities

Current through Reg. 50, No. 138; July 16, 2024
(1) In order to request continued involuntary
				inpatient placement, the treatment facility administrator shall, prior to the
				expiration of the period during which the treatment facility is authorized to
				retain the person, file a request for continued placement. Recommended form
				CF-MH 3035, Feb. 05, "Petition Requesting Authorization for Continued
				Involuntary Inpatient Placement, " 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 as documentation of that request. The petition shall be
				filed with the Division of Administrative Hearings within 20 days prior to the
				expiration date of a person's authorized period of placement or, in the case of
				a minor, the date when the minor will reach the age of majority. The petition
				shall contain the signed statement of the person's physician or clinical
				psychologist justifying the request and shall be accompanied by the following
				additional documentation:
(a) Evidence
				justifying the request by the physician or clinical psychologist for
				involuntary inpatient placement, including how the person meets each of the
				statutorily required criteria;
(b)
				A brief summary of the person's treatment during the time he or she was placed;
				and,
(c) An individualized
				treatment plan.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65E - Mental Health Program › Chapter 65E-5 - MENTAL HEALTH ACT REGULATION › Section 65E-5.310 - Transfer of Persons Among Facilities

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Recommended form CF-MH 3046, Feb. 05, "Application for and Notice of Transfer
				to Another Facility, " 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 to request the transfer of a person to another receiving or
				treatment facility. This application, or its equivalent, shall be completed and
				filed with the facility administrator or designee. A copy of the completed
				application shall be retained in the person's clinical record.
(2) The administrator of the facility or
				designee at which the person resides shall, without delay, submit an
				application for transfer to the administrator of the facility to which a person
				has requested transfer. Upon acceptance of the person by the facility to which
				the transfer is sought, the administrator of the transferring facility or his
				or her designee shall mail the statutorily required notices to the person, the
				person's attorney, guardian, guardian advocate or representative, retaining a
				copy in the person's clinical record. Recommended form CF-MH 3046, "Application
				for and Notice of Transfer to Another Facility, " as referenced in subsection
				 65E-5.310(1),
				F.A.C., may be used for this documentation.
(3) If the proposed transfer of a person
				originates with the administrator of the facility or his or her designee or
				with the treating physician a notice of transfer is required. The notice shall
				be completed by the administrator or designee of the transferring facility,
				after acceptance of the person by the facility to which he or she will be
				transferred, with copies provided prior to the transfer to those required by
				law, with a copy retained in the person's clinical record. Recommended form
				CF-MH 3046, "Application for and Notice of Transfer to Another Facility, " as
				referenced in subsection
				 65E-5.310(1),
				F.A.C., may be used for this purpose.
(4) All relevant documents including a copy
				of the person's clinical record, shall be transferred prior to or concurrent
				with the person to the new facility.
(5) Each facility shall develop and implement
				policies and procedures for transfer that provide for safety and care during
				transportation.
Rulemaking Authority
					 394.457(5) FS.
					 Law Implemented 394.4599,
					 394.4685
					 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-5.320 - Discharge of Persons on Involuntary Status

Current through Reg. 50, No. 138; July 16, 2024
A receiving or treatment facility administrator shall provide
				  prompt written notice of the discharge of a person on involuntary status to the
				  person, guardian, guardian advocate, representative, initiating professional,
				  and circuit court, with a copy retained in the person's clinical record.
				  Recommended form CF-MH 3038, "Notice of Release or Discharge, " as referenced
				  in paragraph  65E-5.280(7)(e),
				  F.A.C., may be used as documentation of such notice. If the discharge occurs
				  while a court hearing for involuntary placement or continued involuntary
				  placement is pending, all parties including the state attorney and attorney
				  representing the person, shall be given telephonic notice of the discharge by
				  the facility administrator or his or her designee.
Rulemaking Authority
					 394.457(5) FS.
					 Law Implemented 394.463(3),
					 394.469
					 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-5.330 - Training

Current through Reg. 50, No. 138; July 16, 2024
(1) In order to ensure the protection of the
				health, safety, and welfare of persons treated in receiving and treatment
				facilities, required by Section
				 394.457(5)(b),
				F.S., the following is required:
(a) Each
				designated receiving and treatment facility shall develop policies and
				procedures for abuse reporting and shall conduct training which shall be
				documented in each employee's personnel record or in a training log.
(b) All staff who have contact with persons
				served shall receive training in verbal de-escalation techniques and the use of
				bodily control and physical management techniques based on a team approach.
				Less restrictive verbal de-escalation interventions shall be employed before
				physical interventions, whenever safety conditions permit.
(c) All staff who have contact with persons
				served shall receive training in cardiopulmonary resuscitation within the first
				six months of employment if not already certified when employed and shall
				maintain current certification as long as duties require direct contact with
				persons served by the facility.
(d)
				A personnel training plan that prescribes and assures that direct care staff,
				consistent with their assigned duties, shall receive and complete before
				providing direct care or assessment services, 14 hours of basic orientation
				training, documented in the employee's personnel record, in the following:
1. Rights of persons served by the facility
				and facility procedures required under Chapter 394, Part I, F.S., and Chapter
				65E-5, F.A.C.,
2. Confidentiality
				laws including psychiatric, substance abuse, HIV and AIDS,
3. Facility incident reporting,
4. Restrictions on the use of seclusion and
				restraints, consistent with unit policies and procedures, and this chapter,
5. Abuse reporting required by
				Chapter 415, F.S.,
6. Assessment
				for past or current sexual, psychological, or physical abuse or trauma,
7. Cross-training for
				identification of, and working with, individuals recently engaging in substance
				abuse,
8. Clinical risk and
				competency assessment,
9. Universal
				or standard practices for infection control,
10. Crisis prevention, crisis intervention
				and crisis duration services,
11.
				Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text
				Revision, as referenced in subparagraph
				 65E-5.285(1)(a) 
				2., F.A.C.; and,
12. Honoring
				preferences contained in advance directives prepared by persons served by the
				facility.