29977188, 65E-5.170 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 29977188

Notice of Proposed Rule

Department:

DEPARTMENT OF CHILDREN AND FAMILIES

Division:

Mental Health Program

Chapter:

MENTAL HEALTH ACT REGULATION

Overview

RULE:

65E-5.170	Right to Express and Informed Consent
65E-5.230	Guardian Advocate
65E-5.250	Clinical Records; Confidentiality
65E-5.280	Involuntary Examination
65E-5.2801	Minimum Standards for Involuntary Examination Pursuant to Section 394.463, FS

PURPOSE:

Amendments align these Baker Act rules with recent statutory changes to Chapter 394, F.S., provide additional clarity for providers and other stakeholders, and update rules to meet current best practice guidelines.

SUMMARY:

Amendments include: (1) Updates use of “individuals” instead of “patients” or “persons” throughout the rules; (2) Adds “psychiatric nurse” as an qualified professional to conduct examinations throughout the rules; (3) Adds language to ensure individuals deemed incompetent to consent are appointed a guardian advocate; (4) Adds requirement for receiving facilities to establish clear explanation of an individual’s mental illness and suitability for treatment; (5) Adds language for providers to request an individual, who is competent to consent, to give express and informed consent for admission or treatment; (6) Adds language for examinations to be conducted without unnecessary delays for involuntary examinations; (7) Adds language requiring physicians or psychiatric nurses to document any restrictions placed on an individual’s access to their clinical record. Such restrictions shall be provided to the individual and the individual’s guardian, guardian advocate, attorney, and representative. (8) Adds additional language for written orders, restricting access to clinical records, to expire after seven days. Orders may be renewed after review, allowing seven subsequent days: (9) Repeals old dates of forms and updates forms.

RULEMAKING AUTHORITY:

394.457(5), 394.46715, FS.

LAW:

394.455, 394.457(5), 394.4573, 394.459, 394.4597, 394.4598, 394.4599, 394.460, 394.462, 394.4625, 394.463, 394.4655, 397.675, 394.46715, 458.325, 765.401 FS.

PRINT PUBLISH DATE:

9/11/2025 Vol. 51/177

COMMENTS:

From 9/11/2025 To 10/2/2025 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-18648 CF-MH 3106 Petition for Adjudication of Incompetence to Consent to Treatment and Appointment of a Guardian Advocate
Ref-18649 CF-MH 3042a General Authorization for Treatment Except Psychotropic Medications
Ref-18650 CF-MH 3042b Specific Authorization for Psychotropic Medications
Ref-18651 CF-MH 3057 Authorization for Electroconvulsive Treatment
Ref-18652 CF-MH 3107 Order Appointing Guardian Advocate
Ref-18653 CF-MH 3120 Certification of Guardian Advocate Training Completion
Ref-18654 CF-MH 3108 Petition Requesting Court Approval for Guardian Advocate to Consent to Extraordinary Treatment
Ref-18655 CF-MH 3109 Order Authorizing Guardian Advocate to Consent to Extraordinary Treatment
Ref-18656 CF-MH 3121 Notification to Court of Competence to Consent to Treatment and Discharge of Guardian Advocate
Ref-18657 CF-MH 3044 Authorization for Release of Information
Ref-18658 CF-MH 3110 Restriction of Access to Own Record
Ref-18659 CF-MH 3001, Ex Parte Order for Involuntary Examination
Ref-18660 CF-MH 3052a, Report of Law Enforcement Officer Initiating Involuntary Examination
Ref-18661 CF-MH 3052b, Certificate of Professional Initiating Involuntary Examination
Ref-18662 CF-MH 3111 Approval for Release of Individual on Involuntary Status from a Receiving Facility

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