11570080, 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: 11570080

Notice of Development of Rulemaking

Department:

DEPARTMENT OF CHILDREN AND FAMILIES

Division:

Mental Health Program

Chapter:

MENTAL HEALTH ACT REGULATION

Overview

RULE:

65E-5.100	Definitions
65E-5.110	Delegation of Authority
65E-5.120	Forms
65E-5.1302	Admissions to State Treatment Facilities
65E-5.1303	Discharge from Receiving and Treatment Facilities
65E-5.1304	Discharge Policies of Receiving and Treatment Facilities (Repealed)
65E-5.1305	Discharge from a State Treatment Facility (Repealed)
65E-5.1703	Emergency Treatment Orders for the Administration of Psychotropic Medications

PURPOSE:

Certain subsections of Rule 65E-5.100 defining terms are being repealed because they are redundant to statute. The repealed subsections (2), (4), (16), and (17) merely reference definitions found in Sections 394.455(1), 394.4573(1)(b), 394.455(28) and 394.455(29), F.S., respectively. Subsection (6), which defines emergency treatment orders (ETOs) is being revised to clarify that ETOs for seclusion and restraint are to be addressed in subsection 65E-5.180(7), F.A.C.; while ETOs for psychotherapeutic medications are to be addressed in Rule 65E-5.1703, F.A.C. The remaining definitions in Rule 65E-5.110, F.A.C., are being renumbered accordingly.
Rule 65E-5.110, F.A.C., is being repealed because it is not mandated by statute and there are no adverse consequences to repeal. The rule requires that delegation of a facility administrator’s authority be done in writing, except routine delegations which must be incorporated in facility policies and procedures. This is a management issue that should be left to the discretion of facilities.
Rule 65E-5.120, F.A.C., is being repealed because it is not mandated by statute and there are no adverse consequences to repeal. The rule merely provides information and does not create requirements. Subsection (3) of Rule 65E-5.1302, F.A.C., is being deleted because it merely restates a requirement found in Section 394.469, F.S.
Rule 65E-5.1303, F.A.C., is being expanded to include the provisions currently found in Rules 65E-5.1304 and 65E-5.1305, F.A.C.; the latter two rules are being repealed. Thus the provisions of these three rules are effectively being consolidated into a single rule, reducing the total number of rules in effect. All of these Rules 65E-5.1303, 65E-5.1304, and 65E-5.1305, F.A.C., relate to the same topic (discharge planning). There are no substantive changes to these rules.
Rule 65E-5.1703, F.A.C., is being amended to clarify that the requirements for an emergency treatment order (ETO) are different from the requirements for seclusion and restraint. The ETO requirements are addressed in Rule 65E-5.1703, F.A.C. The seclusion and restraint requirements are contained in subsection (7) of Rule 65E-5.180, F.A.C., which is not being amended. This change clarifies and simplifies reporting requirements for service providers.

SUBJECT:

Mental health services.

RULEMAKING AUTHORITY:

394.457(5), 394.46715 FS.

LAW:

394.455, 394.457, 394.4573, 394.459(2), 394.459(3), 394.459(11), 394.4598, 394.460, 394.4625, 394.463(2)(f), 394.4655, 394.467, 394.468, 394.469 FS.

PRINT PUBLISH DATE:

6/8/2012 Vol. 38/23

RELATED STATUTES
AND LAWS:

394.457(5), 394.46715 FS., 394.455, 394.457, 394.4573, 394.459(2), 394.459(3), 394.459(11), 394.4598, 394.460, 394.4625, 394.463(2)(f), 394.4655, 394.467, 394.468, 394.469 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=65E-5.100&PDate=6/8/2012&Section=1

REFERENCE MATERIALS:

No reference(s).

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