Florida Administrative Code
65 - DEPARTMENT OF CHILDREN AND FAMILIES
65D - Substance Abuse Program
Chapter 65D-30 - SUBSTANCE ABUSE SERVICES OFFICE
Section 65D-30.0049 - Voluntary and Involuntary Placement
Universal Citation: FL Admin Code R 65D-30.0049
Current through Reg. 50, No. 187; September 24, 2024
(1) Voluntary and Involuntary Placement Under chapter 397, F.S., parts IV and V.
(a) Eligibility Determination.
1. Voluntary Placement. To be considered
eligible for treatment on a voluntary basis, an applicant for services must
meet diagnostic criteria for substance use disorders utilizing a validated tool
used for service determination.
2.
Involuntary Placement. To be considered eligible for services on an involuntary
basis, a person must meet the criteria for involuntary placement as specified
in section 397.675,
F.S.
(b) Provider
Responsibilities Regarding Involuntary Placement.
1. Persons who are involuntarily placed shall
be served only by licensed service providers as defined in subsection
397.311(25),
F.S., and only in those components permitted to admit individuals on an
involuntary basis.
2. Providers
which accept involuntary referrals must provide a description of the
eligibility and diagnostic criteria and the placement process to be followed
for each of the involuntary placement procedures described under sections
397.677,
397.679,
397.6798,
397.6811, and
397.693, F.S.
3. Individuals shall be referred to more
appropriate services if the provider determines that the person should not be
placed or should be discharged. Such referral shall follow the requirements
found in paragraphs 397.6751(2)(a), (b), (c) and (3)(a),
(b), F.S. The decision to refuse to admit or
to discharge shall be made by a qualified professional. Any attempts to contact
the referral source must be made in accordance with Title 42, Code of Federal
Regulations, Part 2.
4. In cases in
which the court ordering involuntary treatment includes a requirement in the
court order for notification of proposed release, the provider must notify the
original referral source in writing. Such notification shall comply with
legally defined conditions and timeframes and conform to confidentiality
regulations found in Title 42, Code of Federal Regulations, Part 2, and
subsection 397.501(7),
F.S.
(c) Assessment
Standards for Involuntary Treatment Proceedings. Providers that make
assessments available to the court regarding hearings for involuntary treatment
must define the process used to complete the assessment. This includes
specifying the protocol to be utilized, the format and content of the report to
the court, and the internal procedures used to ensure that assessments are
completed and submitted within legally specified timeframes. For persons
assessed under an involuntary order, the provider shall address the means by
which the physician's review and signature for involuntary assessment and
stabilization and the signature of a qualified professional for involuntary
assessments only, will be secured. This includes the process that will be used
to notify affected parties stipulated in the petition.
(d) Provider Initiated Involuntary Admission
Petitions. Providers are authorized to initiate petitions under the involuntary
assessment and stabilization and involuntary treatment provisions when that
provider has direct knowledge of the respondent's substance use disorder or
when an extension of the involuntary admission period is needed. Providers
shall specify the circumstances under which a petition will be initiated and
the means by which petitions will be drafted, presented to the court, and
monitored through the process. This shall be in accordance with Title 42, Code
of Federal Regulations, Part 2. The forms to be utilized and the methods to be
employed to ensure adherence to legal timeframes shall be included in the
procedures.
(2) For persons with a co-occurring substance use and mental health disorders, providers shall develop and implement operating procedures for serving or arranging for services.
Rulemaking Authority 397.321(5) FS. Law Implemented 397.321, 397.501, 397.601, 397.675, 397.6751 FS.
New 8-29-19.
Disclaimer: These regulations may not be the most recent version. Florida may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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