Florida Administrative Code
65 - DEPARTMENT OF CHILDREN AND FAMILIES
65E - Mental Health Program
Chapter 65E-5 - MENTAL HEALTH ACT REGULATION
Section 65E-5.280 - Involuntary Examination
Current through Reg. 50, No. 187; September 24, 2024
(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-15765, or other form used by the court. Documentation of the findings of the court on Form CF-MH 3001, (July 2023), "Ex Parte Order for Involuntary Examination, " which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15766, or other order used by the court, shall be used when there is reason to believe the criteria for involuntary examination are met. The ex parte order for involuntary examination shall accompany the individual to the receiving facility.
(2) Law Enforcement.
(3) Professional Certificate.
(4) Emergency Medical Conditions.
(5) The Department requires specific data to identify trends and patterns experienced by individuals served under Part I of Chapter 394, F.S., to be included in required reports, to support justifications for program funding and to implement the provisions of Section 394.463(2)(e), F.S. Web-based Baker Act Data Collection Form CF-MH 3118, (July 2023), titled "Baker Act Data Collection Form, " which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15771, shall be completed in its entirety by the assessor conducting the initial screening and only submitted one time from the admitting facility for the episode of care. Effective July 1, 2023, designated receiving facilities shall submit the required data within five (5) business days through the Department's statewide Baker Act data collection portal, which can be accessed at https://dcfapps.myflfamilies.com/BakerAct. Instructions on training requirements and how to submit the Baker Act data, petitions, and forms may be found at https://www.myflfamilies.com/service-programs/samh/crisis-services/training/badc.shtml. The Baker Act Data Collection Form must be accompanied by the following:
(6) If a person is delivered to a receiving facility for an involuntary examination from any program or residential services provider licensed under the provisions of Chapter 400 or 429, F.S., without an ex parte order, Form CF-MH 3052a, "Report of Law Enforcement Officer Initiating Involuntary Examination, " or Form CF-MH 3052b, "Certificate of Professional Initiating Involuntary Examination, " the receiving facility shall notify the Department by the method and timeframe required by Section 394.463(2)(b), F.S. The receiving facility may use Form CF-MH 3119, "Notification of a Facility's Non-Compliance, " which is incorporated by reference in Rule 65E-5.270, F.A.C., for this purpose.
(7) Form CF-MH 3045, (July 2023), "Notice of Individual's Admission for Involuntary Examination, " which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15772, may be used when notifying authorized individuals of an individual's involuntary admission to a receiving facility.
Rulemaking Authority 394.457(5) FS. Law Implemented 394.463 FS.
New 11-29-98, Amended 4-4-05, 1-8-07, 7-5-16, 5-4-20, 8-14-23.