17376500, 65E-5.1301 - Florida Administrative Rules, Law, Code, Register

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Notice: 17376500

Notice of Development of Rulemaking

Department:

DEPARTMENT OF CHILDREN AND FAMILIES

Division:

Mental Health Program

Chapter:

MENTAL HEALTH ACT REGULATION

Overview

RULE:

65E-5.1301	Transfer Evaluations for Admission to State Mental Health Treatment Facilities from Receiving Facilities
65E-5.170	Right to Express and Informed Consent
65E-5.2801	Minimum Standards for Involuntary Examination Pursuant to Section 394.463, FS
65E-5.285	Involuntary Outpatient Placement
65E-5.290	Involuntary Inpatient Placement

PURPOSE:

PURPOSE AND EFFECT:  Through this promulgation, the Department is proposing rules that will implement the Legislature’s expansion of the scope of practice of psychiatric nurses and will revise and adopt forms used in the management and documentation of examination, treatment, and firearms restrictions imposed on persons who receive voluntary or involuntary mental health examinations. The Department intends to amend: (1) Rules 65E-5.1303 and 65E-5.2801, F.A.C., to authorize psychiatric nurses to perform involuntary examinations and to require psychiatric nurses to notify community aftercare providers or other entities responsible for dispensing or administering medication of a patient’s release from a mental health treatment facility; (2) Rule 65E-5.170, F.A.C., to incorporate by reference revised versions of forms: (a) CF-MH 3032, “Petition for Involuntary Inpatient Placement;” (b) CF-MH 3130, “Petition for Involuntary Outpatient Placement;” and (c) CF-MH 3104, “Certification of Person’s Competence to Provide Express and Informed Consent;” (3) Rule 65E-5.2801, F.A.C., to incorporate language that requires proof that a person has acknowledged, in writing, his or her understanding that he or she may be prohibited from purchasing a firearm or may have to surrender or may be prohibited from obtaining a concealed weapons license as a result of an involuntary inpatient or outpatient placement in a mental health facility. This rule revision incorporates a new form, CF-MH 3186, “Patient’s Notice and Acknowledgment–Purchase of Firearms and Application for or Retention of a Concealed Weapons or Firearms License;” (4) Rules 65E-5.285 and 65E-5.290, F.A.C., to incorporate by reference a revised version of CF-MH 3114, “Order Requiring Involuntary Assessment and Stabilization for Substance Abuse and for Baker Act Discharge of Person,” and CF-MH 3115, “Order Requiring Evaluation for Involuntary Outpatient Placement,” respectively.  Both rules are amended to cross reference the newly created notice and acknowledgment form, CF-MH 3186, “Patient’s Notice and Acknowledgment—Purchase of Firearms and Application for or Retention of a Concealed Weapons Firearms License.”

SUBJECT:

Mental Health Act Regulation

RULEMAKING AUTHORITY:

394.457(5), FS., 394.46715, FS.

LAW:

394.455(9), (14), (15), (18), (23), 394.459(3), 394.4599, 394.4625(1)(f), 394.463, 394.463(2)(e), 394.4655, 394.4655(2)(a), 394.467, 395, 397.675, 458.325, 765.401, FS.

PRINT PUBLISH DATE:

4/5/2016 Vol. 42/66

RELATED STATUTES
AND LAWS:

394.457(5), FS., 394.46715, FS., 394.455(9), (14), (15), (18), (23), 394.459(3), 394.4599, 394.4625(1)(f), 394.463, 394.463(2)(e), 394.4655, 394.4655(2)(a), 394.467, 395, 397.675, 458.325, 765.401, 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-5.1301&PDate=4/5/2016&Section=1

REFERENCE MATERIALS:

Ref-02362 CF-MH 7002 Physician to Physician Transfer Form

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