5079907, 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: 5079907

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-5.180	Right to Quality Treatment

PURPOSE:

The purpose and effect of these rule revisions is to implement the provisions of Section 394.457(5)(b), F.S., regarding seclusion and restraint use in mental health facilities and programs. Section 394.457(5)(b), F.S., requires the department to adopt rules governing the use of seclusion and restraint in mental health facilities. The proposed revisions are to comply with this statutory requirement.

SUMMARY:

The proposed rule shall clarify the subject area addressed is Section 394.457(5)(b), F.S. The department must adopt rules governing the use of seclusion and restraint. The rule must: include provisions governing the use of restraint and seclusion which are consistent with recognized best practices and professional judgment; prohibit inherently dangerous restraint or seclusion procedures; establish limitations on the use and duration of restraint and seclusion; establish measures to ensure the safety of program participants and staff during an incident of restraint or seclusion; establish procedures for staff to follow before, during, and after incidents of restraint or seclusion; establish professional qualifications of and training for staff who may order or be engaged in the use of restraint or seclusion; and establish mandatory reporting, data collection, and data dissemination procedures and requirements; and require that each instance of the use of restraint or seclusion be documented in the record of the patient.

RULEMAKING AUTHORITY:

394.457(5)(b), 394.46715 FS.

LAW:

394.455(1), 394.457, 394.4573(1)(b), 394.459(2), 394.459(2)(d), 394.459(4), 394.4625, 394.4655, 394.467, 401.455, 491, 765.401 FS.

PRINT PUBLISH DATE:

1/18/2008 Vol. 34/03

COMMENTS:

From 1/18/2008 To 2/8/2008 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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