Florida Administrative Code
65 - DEPARTMENT OF CHILDREN AND FAMILIES
65E - Mental Health Program
Chapter 65E-20 - FORENSIC CLIENT SERVICES ACT REGULATION
Section 65E-20.003 - Rights of Individuals
Universal Citation: FL Admin Code R 65E-20.003
Current through Reg. 50, No. 187; September 24, 2024
In addition to those rights enumerated in Section 916.107, F.S., every forensic client is entitled to the following:
(1) Right to Individual Dignity.
(a) Freedom from neglect or abuse;
(b) Safe living conditions and protection
from harm;
(c) Appropriate seasonal
attire; and
(d) The opportunity to
be outdoors and to participate in physical exercise at regular intervals, in
the absence of medical or security considerations.
(2) Right to Treatment.
(a) Within existing resources, the Department
and contracted providers shall not deny or delay mental health services to any
forensic client under any circumstances, except where allowed by law.
(b) Forensic clients committed pursuant to
Chapter 916, F.S., shall be given within 24 hours of admission, and at least
annually thereafter, a physical examination by a licensed physician or other
health practitioner as authorized by law. In the event of refusal of the
examination by the client, the procedures for emergency treatment shall
apply.
(c) If a forensic client has
been adjudicated incompetent under the provisions of Chapter 744, F.S., a copy
of the client's individualized treatment or rehabilitation plan shall be
provided to the legal guardian within 30 calendar days of the client's
admission.
(d) Every reasonable
effort shall be made to communicate treatment information to the client in a
language the client understands. Reasonable effort means the use of auxiliary
aids or services, certified interpreters, and translators.
(3) Right to Express and Informed Consent.
(a) Informed Consent.
1. Upon admission to a forensic facility, a
client, or the person authorized to provide consent for treatment on behalf of
the client, shall be asked to sign an "Informed Consent for Psychotherapeutic
Medication, " CF 1630, Jul 2014, which is incorporated herein by reference and
available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-12506.
The signed authorization form establishes express and informed
consent.
2. The facility shall not
administer psychotherapeutic medication until the required authorization form
is signed, except in those cases where emergency treatment is ordered by a
physician as provided in Section
916.107(3),
F.S.
(b) Specialized
Consent Requirements and Procedures.
1. In
each separate instance where surgical procedures require the use of a general
anesthetic, special written consent shall be obtained, prior to performing the
procedure, from the client or the person legally authorized to provide consent
if the client is a minor or has been declared incompetent under the provisions
of Chapter 744, F.S.
2. In each
separate instance where electroconvulsive treatment is to be used, pursuant to
Section 458.325, F.S., there must be
specific written informed consent from the client, or the person legally
authorized to provide consent if the client is a minor or has been declared
incompetent under the provisions of Chapter 744, F.S, prior to performing the
procedure by using the "Authorization for Electroconvulsive Treatment for a
Resident of a State Mental Health Treatment Facility, " CF-MH 3057F, Jul 2008,
which is incorporated herein by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-12505.
3. The provision of psychosurgical or
electroconvulsive treatment requires the written concurrence of a second,
nonattending physician pursuant to Section
458.325, F.S.
4. Written consent for routine nonpsychiatric
medical procedures or treatment shall be received from the client or the person
legally authorized to provide consent on behalf of the client.
5. Any authorization for treatment given by
an administrator of a forensic facility or his designated representative
pursuant to Section 916.107(3)(b),
F.S., shall be clearly documented in the client's clinical record and the
client's guardian, if applicable, and next of kin shall be
notified.
(4) The Right to Communication, Abuse Reporting, and Visits.
(a) Communication.
1. Every forensic client shall be allowed to
receive correspondence and may send an unlimited number of letters.
a. Each facility shall provide stationery and
writing implements for indigent forensic clients, and shall pay postage on up
to three outgoing pieces of correspondence each week.
b. The term "correspondence" shall not
include parcels or packages. Forensic facilities shall develop policies and
procedures to provide for the inspection of parcels or packages, and for the
removal of contraband items for health or security reasons prior to the
contents being given to the client, and shall include a system in which items
removed as contraband are inventoried, notification given to the client of what
was removed and why, as well as a process to either store the contraband
material at the facility, or arrange to have it picked up or mailed to a person
designated by the client or, in cases of contraband, transferred to the
appropriate law enforcement agency.
2. Upon admission, a forensic facility shall
advise clients of the facility of rules governing written and verbal
communications, including telephone calls and visitation between clients and
others outside the facility.
3. A
forensic client's right to communicate shall not be restricted as a means of
discipline, punishment, or to serve only the convenience of facility
staff.
(b) Abuse
Reporting.
1. All facilities providing mental
health services, pursuant to Chapter 916, F.S., shall provide for the reporting
of abuse in accordance with the provisions of Chapter 415, F.S., "Protection
from Abuse, Neglect, and Exploitation."
2. Each forensic facility as defined in
Chapter 916, F.S., shall provide:
a. A verbal
and written explanation to each client of the procedures for reporting an
alleged abuse,
b. Client access to
a telephone for the purpose of reporting an alleged abuse, which should be
immediate for all clients except those in seclusion or restraints, in which
case access should be as soon as is practical, but in no event shall exceed 4
hours from the time the client requests access to the telephone to report an
alleged abuse; and,
c. The posting,
in plain view, of:
I. A copy of the abuse
reporting procedure,
II. The
telephone number of the abuse registry.
3. All forensic facilities shall maintain
verification that all staff understand and are aware of the abuse reporting
procedures as a condition of employment.
(5) The Right to Vote in Public Elections.
(a) Any forensic client not disqualified by
law, and meeting the legal age and residency requirements of the state, shall
be assisted in registering to vote and in voting if he so requests.
(b) A client who is properly registered to
vote in a county other than the county of placement shall be assisted in making
application for an absentee ballot in that county if he so requests. A client
who is not registered to vote shall be assisted in registering in the county of
his permanent residence, if he so requests.
(c) If a client requests assistance in
voting, registering, or in getting information about voting requirements, staff
at the facility shall assist him in obtaining the
information.
(6) The Right to Confidentiality of a Forensic Client's Clinical Record.
(a) The clinical record of every forensic
client is confidential and shall be clearly indicated as such. Other than the
exceptions noted in Section
916.107(8),
F.S., and as implemented below, information may only be released when the
client or his guardian, if a minor or adjudged incompetent under the provisions
of Chapter 744, F.S., signs an "Authorization for Release of Information" CF-MH
3044, Dec 2020, which is incorporated herein by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-12504.
This authorization must contain the name of the person or agency to whom the
information is to be released, the purpose of the release, and the time period
within which the authorization is valid.
(b) Information received on a privileged and
confidential basis from third parties, other than an Department treatment
facility or Florida community provider, shall be restricted from release when
the administrator determines that the information would adversely affect the
client's treatment or violate the rights of another person. Every record which
is released shall indicate where third party privileged and confidential
records were withheld.
(c) When a
clinical record, or any part thereof, is released to any person or agency for
any purpose, each page, or part thereof, shall be marked as follows:
"Confidential and Privileged Information for Professional Use Only."
(d) All forensic clients have the right of
reasonable access to their own medical records on a continuing basis, except
for privileged and confidential records from third party sources. The right of
reasonable access shall be clarified through written policies maintained by
each facility. A client's attorney shall have access to records upon written
authorization from the client.
(e)
If a request is made by a parent or legal guardian for the client's recovery
treatment plan, or current physical and mental condition, the request shall be
made in writing and signed.
(f)
Whenever a forensic client has declared an intention to harm others, any
notification to law enforcement, pursuant to Section
394.4615, F.S., shall be done by
the facility administrator or the facility adminstrator's designee, and shall
be documented in the client's clinical record.
(7) The Right to Be Informed.
(a) All forensic clients have the right to
timely and meaningful information about their rights. Each client shall be
informed of his rights as a forensic client in a forensic facility at the time
of admission.
(b) Each forensic
facility shall post in a conspicuous place or places a list of all forensic
client rights and, upon request, make available the list translated into
another language.
(c) Each forensic
facility shall maintain on the premises of the treatment site, an up-to-date
copy of Chapter 916, F.S., and an up-to-date copy of these rules, and shall
have these documents available for inspection upon the request of a client, the
client's representative, the client's guardian, friends or relatives of the
client.
Rulemaking Authority 916.1093 FS. Law Implemented 916.107 FS.
New 9-29-86, Amended 7-1-96, Formerly 10E-20.003, Amended 1-28-10, 1-5-21.
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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