Florida Administrative Code

(1) Before discharging an individual who has been admitted to a facility, the individual shall be encouraged to actively participate in treatment and discharge planning activities and shall be notified in writing of his or her right to seek treatment from the professional or agen…

Rulemaking Authority 394.457(5) FS. Law Implemented 394.459(11) FS. History-New 11-29-98, Amended 4-4-05, Repealed 4-9-13.

Rulemaking Authority 394.457(5) FS. Law Implemented 394.4573, 394.459(11), 394.468 FS. History-New 11-29-98, Amended 4-4-05, Repealed 4-9-13.

(1) Every person admitted to a designated receiving or treatment facility or ordered to treatment at a service provider shall be provided with a written description of his or her rights at the time of admission. Recommended form CF-MH 3103, Feb. 05, "Rights of Persons in Mental H…

(1) Freedom of movement is a right of persons in mental health receiving and treatment facilities. Any restriction of this right requires a physician's order based upon risk factors. Each receiving and treatment facility shall have policies that describe freedom of movement and a…

(1) Patients shall have the opportunity to participate in the preparation of their own treatment and discharge plans at receiving and treatment facilities and by service providers. In instances when the person refuses or is unable to participate in such planning, such refusal or …

(1) Management and personnel of the facility's treatment environment shall use positive incentives in assisting persons to acquire and maintain socially positive behaviors as determined by the person's age and developmental level. (2) Each designated receiving and treatment facil…

When an individualized treatment plan requires interventions beyond the existing unit rules of conduct, the person shall be included, and the person's treatment plan shall reflect: (1) Documentation, signed by the physician that the person's medical condition does not exclude the…

(1) Establishment of Consent. (a) Receiving Facilities. As soon as possible, but no longer than 24 hours from entering a designated receiving facility on a voluntary or involuntary basis, each individual shall be examined by a physician or psychiatric nurse to assess the individu…

(1) An emergency treatment order for the administration of psychotropic medications shall be consistent with the least restrictive treatment interventions. (a) The issuance of an emergency treatment order requires a physician's or psychiatric nurse's review of the individual's co…

The following standards shall be required in the provision of quality mental health treatment: (1) Each receiving and treatment facility and service provider shall, using nationally accepted accrediting standards for guidance, develop written policies and procedures for planned p…

The facility shall ensure the proper functioning and maintenance of the facility structure, finishes, fixtures, furnishings, and equipment. The facility shall ensure the ready availability of necessary medical equipment or devices for the populations served, including restraint e…

(1) If the treatment team imposes any restrictions on whom a person in a receiving or treatment facility may communicate, such restrictions and justification shall be recorded in the person's clinical record. Recommended form CF-MH 3049, (December 2024), "Restriction of Communica…

Each designated receiving and treatment facility shall develop policies and procedures governing what personal effects will be removed from persons for reasons of personal or unit safety, how they will be safely retained by the facility, and how and when they will be returned to …

The facility shall have voter registration forms and applications for absentee ballots readily available at the facility or in accordance with the procedures established by the supervisor of elections, and shall assure that each person who is eligible to vote and wishes to do so,…

(1) Upon admission to a receiving or treatment facility, each person shall be given notice of his or her right to petition for a writ of habeas corpus and for redress of grievances. Recommended form CF-MH 3036, Feb. 05, "Notice of Right to Petition for Writ of Habeas Corpus or fo…

(1) Upon filing with the court a copy of the completed recommended form CF-MH 3106, "Petition for Adjudication of Incompetence to Consent to Treatment and Appointment of a Guardian Advocate," which is incorporated by reference and available in Rule 65E-5.170, F.A.C., or its equiv…

(1) During the interim period between the time a person is determined to be incompetent to consent to treatment by one or more physicians, pursuant to Section 765.204, F.S., and the time a guardian advocate is appointed by a court to provide express and informed consent to the pe…

(1) Except as otherwise provided by law, verbal or written information about an individual shall only be released when the competent individual, or a duly authorized legal decision-maker such as guardian, guardian advocate, legal guardian, or health care surrogate or proxy provid…

(1) Each law enforcement officer or other transporter who takes an individual into custody for involuntary examination under the Baker Act shall provide the receiving facility or access center the original or an electronic copy of one of the following: (a) Form CF-MH 3001, "Ex Pa…

Rulemaking Authority 394.457(5) FS. Law Implemented 394.462(3) FS. History-New 11-29-98, Amended 4-4-05, Repealed 7-20-23.

(1) The following applies to voluntary admission of adults: (a) Providers must complete Form CF-MH 3040, (August 2025), "Application for Voluntary Admission - Adults," which is hereby incorporated by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-18639…

(1) Court Order. Sworn testimony shall be documented by using Form CF-MH 3002, (July 2023), "Petition and Affidavit Seeking Ex Parte Order Requiring Involuntary Examination," which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-1…

The involuntary examination is also known as the initial mandatory involuntary examination. (1) Whenever an involuntary examination is initiated by a circuit court, a law enforcement officer, or a mental health professional as provided in section 394.463(2), F.S., an examination …

(1) Petition for Involuntary Outpatient Placement. (a) Each criterion alleged must be substantiated by evidence, as follows: 1. Evidence of age must be substantiated, whenever there is any question as to whether the person may be age 18 or older. 2. A diagnosis of mental illness …

(1) If a person is retained involuntarily after an involuntary examination is conducted, a petition for involuntary inpatient placement or involuntary outpatient placement shall be filed with the court by the facility administrator within the 72-hour examination period, or if the…

(1) In order to request continued involuntary inpatient placement, the treatment facility administrator shall, prior to the expiration of the period during which the treatment facility is authorized to retain the person, file a request for continued placement. Recommended form CF…

(1) Recommended form CF-MH 3046, Feb. 05, "Application for and Notice of Transfer to Another Facility," which is incorporated by reference and may be obtained pursuant to Rule 65E-5.120, F.A.C., of this rule chapter may be used to request the transfer of a person to another recei…

A receiving or treatment facility administrator shall provide prompt written notice of the discharge of a person on involuntary status to the person, guardian, guardian advocate, representative, initiating professional, and circuit court, with a copy retained in the person's clin…

(1) In order to ensure the protection of the health, safety, and welfare of persons treated in receiving and treatment facilities, required by Section 394.457(5)(b), F.S., the following is required: (a) Each designated receiving and treatment facility shall develop policies and p…

(1) Facilities shall not begin to hold or treat involuntary an individual under a Baker Act until licensed by AHCA and designated in accordance with this rule chapter and with Chapters 394 or 395, F.S. (2) The following types of facilities are authorized to provide acute psychiat…

(1) Any facility designated as a receiving facility failing to comply with this chapter may have such designation suspended or withdrawn. (2) Each receiving facility shall have policies and procedures that prescribe, monitor and enforce all requirements specified in Chapter 65E-5…

Complaints with regard to the provisions of this chapter shall be filed with the district or region mental health and substance abuse program supervisor, or designee, of the district or region in which the violation is alleged to have occurred. The district or region mental healt…

(1) After the Department issues an initial designation, pursuant to 65E-5.350 and 65E-12, F.A.C., the Department has the ability to issue the following: (a) Conditional Designation. A conditional designation may be issued when the Department determines failure to meet one or more…

(1) Applicability. Designation as a public receiving facility is required for any facility licensed under the authority of Chapter 395 or 394, F.S., to be eligible for payment from Baker Act appropriations. Designation does not in and of itself represent any agreement to pay for …

(1) In order to protect the welfare of the individuals residing in state civil mental health facilities, the department shall establish the following grievance process for residents of all state civil mental health treatment facilities. The process shall be explained during the o…

(1) Each state civil mental health treatment facility shall make telephones available for residents. Any restriction on telephone usage shall be documented in the clinical record. Such documentation shall specify the reason for the restriction, its duration, and the treatment goa…

(1) MRTs must provide immediate, behavioral health crisis services to: (a) Focus on crisis diversion and the reduction of involuntary examination (b) Assess the individual for risk of suicidal and homicidal thoughts or behaviors. (c) Assess the individual for mood disturbances su…

(1) Definitions as used in this rule section: (a) "988 Florida Lifeline" means the network of 988 suicide and crisis lifeline call centers within Florida that connect individuals experiencing emotional distress to trained crisis counselors who provide de-escalation, crisis interv…

These rules shall apply to all residential treatment centers, including therapeutic group homes, under contract with the department or the agency to provide treatment services to children with an emotional disturbance or serious emotional disturbance who are admitted to services …

(1) "Abuse" means any willful or threatened act that results in any physical, mental, or sexual injury or harm that causes or is likely to cause the child's physical, mental, or emotional health to be significantly impaired. Abuse of a child includes acts or omissions. Corporal d…

(1) An entity operating as a residential treatment center, including therapeutic group homes, shall first obtain a license from the Agency. All applicants for licensure must comply with the application requirements of chapters 394, part IV, 408, part II, F.S., and the requirement…

(1) Provider staff shall cooperate with the Agency and Department personnel during surveys, complaint investigations, monitoring visits, implementation of correction plans, license application and renewal procedures, and other activities necessary to ensure compliance with chapte…

(1) Governing body. (a) Each provider shall have a governing body that exercises authority over the provider's operation, policies and practices, and compliance with this rule. (b) For-profit and not-for-profit organizations shall maintain advisory boards that review the operatio…

(1) Additional standards for therapeutic group homes. The primary mission of the therapeutic group home is to provide treatment of serious emotional disturbance. Distinguishing features of a therapeutic group home include the following: (a) Meets the requirements of a single-fami…

(1) Personnel procedures. The provider shall have written personnel procedures that, at a minimum, address the following items: (a) The recruitment, retention, training and effective performance of qualified staff; (b) The types and numbers of clinical, managerial and direct care…

(1) Admission procedures subsections (3) through (6), do not apply to children placed in accordance with section 985.19, F.S. (2) The provider shall have and utilize written admission procedures that address: (a) Admission criteria; (b) List of materials and forms required from t…