12422516, 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: 12422516

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-5.1302	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65E-5.1304	Discharge Policies of Receiving and Treatment Facilities (Repealed)
65E-5.1305	Discharge from a State Treatment Facility (Repealed)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Certain subsections of Rule 65E-5.100 defining terms are being repealed because they are redundant to statute. The repealed subsections (2), (4), (16), and (17) merely reference definitions found in Sections 394.455(1), 394.4573(1)(b), 394.455(28) and 394.455(29), F.S.,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 psychotropic medications are to be addressed in Rule 65E-5.1703, F.A.C. Subsection (3) is inserted to provide a definition of certified recovery specialist. Subsection (18), renumbered to (15), is amended to include certified recovery specialists among the members of a Seclusion and Restraint Oversight Committee.  The remaining definitions in Rule 65E-5.100, F.A.C., are being renumbered accordingly.
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to include the provisions currently found in Rules 65E-5.1304 and 65E-5.1305, F.A.C.; the latter two rules are being repealed.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. 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) for psychotropic medication are different from the requirements for seclusion and restraint. The ETO requirements for psychotropic medication 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.

SUMMARY:

Certain definitions and provisions redundant to statute are repealed. Certain definitions are amended or inserted for clarity. Certain rules dealing with discharge planning are consolidated without substantive changes. Emergency treatment orders for psychotropic medication are distinguished from orders for seclusion and restraint.

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:

12/21/2012 Vol. 38/96

COMMENTS:

From 12/21/2012 To 1/11/2013 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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