18444179, 65C-35.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 18444179

Notice of Proposed Rule

Department:

DEPARTMENT OF CHILDREN AND FAMILIES

Division:

Family Safety and Preservation Program

Chapter:

Psychotropic Medication for Children in Out of Home Care

Overview

RULE:

65C-35.001	Definitions
65C-35.002	Behavioral Health Services
65C-35.003	Parent or Legal Guardian Involvement
65C-35.004	Caregiver Involvement
65C-35.005	Child Involvement in Treatment Planning
65C-35.006	Taking a Child Into Custody Who Is Taking Psychotropic Medication
65C-35.007	Authority to Provide Psychotropic Medications to Children in Out-of-Home Care
65C-35.008	Parent or Legal Guardian Declines to Consent to or Withdraws Consent for the Provision of Psychotropic Medication (Repealed)
65C-35.009	Parent or Legal Guardian Rights Terminated; Parent or Legal Guardian Refuses to Participate; or Parent or Legal Guardian Location or Identity Unknown (Repealed)
65C-35.010	Emergency Administration of Psychotropic Medication (Repealed)
65C-35.011	Medication Monitoring and Administration
65C-35.012	Requests for Second Opinions and Pre-Consent Reviews
65C-35.013	Medical Report

PURPOSE:

The Department intends to amend Rules 65C-35.001-.013, F.A.C., to accomplish the following: (1) Incorporate documents; (2) Add definitions; (3) Specify the efforts that must be made in obtaining consent and caregiver involvement; (4) Delete unnecessary rule provisions; (5) Clarify when a Medical Report must be completed; (6) Repeal rules and incorporate relevant provisions in other rules;  (7) Add requirements regarding medication monitoring and administration; (8) Specify when pre-consent reviews must be sought; and (9) Add a training rule.

SUMMARY:

The amendments accomplish or require the following: (1)The Medicaid Community Mental Health Services Coverage and Limitations Handbook, the Medical Report form, and the Emergency Intake form are incorporated by reference; (2) The child protective investigator (CPI) or case manager must  attempt to invite the parent or legal guardian to the doctor’s appointment and facilitate transportation to the appointment, if necessary; or facilitate telephone or tele-medicine participation between the prescribing practitioner and the parent or legal guardian when unable to attend in person; (3) The CPI or case manager must  attempt to contact the parent or legal guardian upon learning of the recommendation for psychotropic medication by the prescribing practitioner and provide specific information on how and when to contact the practitioner; and  provide a copy of the Medical Report to the child’s parent or legal guardian; (4) The case manager must obtain a completed Medical Report from the prescribing practitioner if the prescribing practitioner determines that the medication is medically necessary for the child despite the lack of authorization by the parent or legal guardian; (5) The monitoring of the use of psychotropic medication provided to children will be the joint responsibility of the prescribing practitioner, the caregiver, the CPI or case manager, and the CPI or case manager’s supervisor; (6) The caregiver and CPI or case manager are responsible for implementing the medication plan developed by the prescribing practitioner; (7) The Department shall fully inform the court of the child’s medical and behavioral status at each subsequent Judicial Review hearing and shall furnish copies of all pertinent medical records contained in the child’s Resource Record that have been generated since the previous court hearing; (8) The CPI or case manager shall provide the caregiver specified information regarding the prescribed medication; (9) The CPI or case manager shall seek a pre-consent review when: (a) A practitioner proposes prescribing psychotropic medication or changing the dosage of prescribed psychotropic medication outside the dosage parameters documented in the Medical Report; and (b) The child is age birth through 10 years; and (c) The child is prescribed two (2) or more psychotropic medications; and (10) All child protective investigators and case managers shall receive Department-approved training from the community-based care lead agency or its contracted provider on medication management and administration.

RULEMAKING AUTHORITY:

39.0121, 39.407(3)(g), F.S.

LAW:

39.407(1), (2), (3), F.S.

PRINT PUBLISH DATE:

1/5/2017 Vol. 43/03

COMMENTS:

From 1/5/2017 To 1/26/2017 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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