27023247, 65E-5.100 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 27023247

Notice of Proposed Rule

Department:

DEPARTMENT OF CHILDREN AND FAMILIES

Division:

Mental Health Program

Chapter:

MENTAL HEALTH ACT REGULATION

Overview

RULE:

65E-5.100	Definitions
65E-5.120	Forms
65E-5.1303	Discharge from Receiving and Treatment Facilities
65E-5.1703	Emergency Treatment Orders for the Administration of Phychotropic Medications
65E-5.260	Transportation
65E-5.2601	Transportation Exception Plan (Repealed)
65E-5.270	Voluntary Admission
65E-5.280	Involuntary Examination
65E-5.2801	Minimum Standards for Involuntary Examination Pursuant to Section 394.463, F.S

PURPOSE:

Amendments align these Baker Act rules with recent statutory changes to Chapter 394, F.S., provide additional clarity for providers and other stakeholders, and update rules to meet current best practice guidelines.

SUMMARY:

Amendments include: (1) Updates definitions to add new definitions and removes obsolete definitions; (2) Eliminates distinctions between mandatory and recommended; (3) Allows providers to make formatting modifications to forms; (4) Adds discharge planning requirements;  (5) Allows telehealth as a mode for an ETO Order; (6) Extends ETO’s from 24 to 48 hours for state mental health treatment facilities; (7) Adds language to ensure providers comply with Chapter 39 F.S.; (9) Simplifies the form that LEO and others are required to complete and submit to receiving facilities when taking an individual into custody for involuntary examination under a Baker Act or involuntary admission under the Marchman Act; (10) Adds new clinical review process to verify voluntary assent of minors; (11) Requires submission of data through new Baker Act data collection portal; (12) Requires submission of transportation form when individual transported to a receiving facility; and (13) Expands scope of psychiatric nurses to conduct Baker Act examinations and discharges.

RULEMAKING AUTHORITY:

394.457(5), 394.46715 FS

LAW:

394.455, 394.457, 394.4573, 394.459, 394.4598, 394.4599, 394.460, 394.462, 394.4625, 394.463, F.S. 394.4655, 395, 400, 400.102(1) FS

PRINT PUBLISH DATE:

4/5/2023 Vol. 49/66

COMMENTS:

From 4/5/2023 To 4/26/2023 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-02361 CF-MH 7001 State Mental Health Facility Discharge Plan
Ref-02362 CF-MH 7002 Physician to Physician Transfer Form
Ref-07004 CF-MH 3052a, June 2016, Report of Law Enforcement Officer Initiating Involuntary Examination
Ref-07005 CF-MH 3052b, June 2016, Certificate of Professional Initiating Involuntary Examination
Ref-11919 CF-MH 3001 Ex Parte Order for Involuntary Examination
Ref-11920 CF-MH 3002 Petition and Affidavit Seeking Ex Parte Order Requiring Involuntary Examination
Ref-11921 CF-MH 3045 Notice of Individual’s Admission for Involuntary Examination
Ref-11922 CF-MH 3052a. Report of Law Enforcement Officer Initiating Involuntary Examination
Ref-11923 CF-MH 3052b. Certificate of Professional Initiating Involuntary Examination
Ref-11924 CF-MH 3101 Hospital Determination That Individual Does Not Meet Involuntary Placement Criteria
Ref-11925 CF-MH 3102 Request for Involuntary Examination after Stabilization of Emergency Medical Condition
Ref-11928 CF-MH 3119 Notification of a Facility's Non-Compliance
Ref-11929 CF-MH 3118 Cover Sheet to Department of Children and Families

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