Current through Reg. 50, No. 187; September 24, 2024
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 by a physician or clinical psychologist or psychiatric
nurse must be conducted in person or via telehelth and documented in the
person's clinical record. The examination, conducted at a facility licensed
under chapter 394 or 395, F.S., must contain:
(a) A thorough review of any observations of
the person's recent behavior;
(b) A
review of Form CF-MH 3100, "Transportation to Receiving Facility, " which is
incorporated in Rule 65E-5.260, and one of the
following forms which are incorporated in
65E-5.280, F.A.C.: Form CF-MH
3001, "Ex Parte Order for Involuntary Examination, ", or other form provided by
the court, or Form CF-MH 3052a, "Report of Law Enforcement Officer Initiating
Involuntary Examination, ", or Form CF-MH 3052b, "Certificate of Professional
Initiating Involuntary Examination."
(c) A brief psychiatric history;
and,
(d) A face-to-face examination
of the person in a timely manner to determine if the person meets criteria for
release.
(2) If the
physician or clinical psychologist or psychiatric nurse conducting the initial
mandatory involuntary examination determines that the person does not meet the
criteria for involuntary inpatient placement or involuntary outpatient
placement, the person can be offered voluntary placement, if the person meets
criteria for voluntary admission, or released directly from the hospital
providing emergency medical services. Such determination must be documented in
the person's clinical record.
(3)
If not released, Form CF-MH 3040, "Application for Voluntary Admission -
Adults, " which is incorporated in Rule
65E-5.270, F.A.C., or Form CF-MH
3097, "Application for Voluntary Admission - Minors, " which is incorporated in
Rule 65E-5.270, F.A.C., may be used
if the person wishes to apply for voluntary admission.
(4) If not released and the person wishes to
transfer from involuntary to voluntary status, Form CF-MH 3104, "Certification
of Individual's Competence to Provide Express and Informed Consent, " which is
incorporated in rule 65E-5, F.A.C., documenting the person is competent to
provide express and informed consent, may be used for this purpose.
(5) All results and documentation of all
elements of the initial mandatory involuntary examination shall be retained in
the person's clinical record.
(6)
If the person is not released or does not become voluntary as a result of
giving express and informed consent to admission and treatment in the first
part of the involuntary examination, the person shall be examined by a
psychiatrist to determine if the criteria for involuntary inpatient or
involuntary outpatient placement are met.
(7) After the initial mandatory involuntary
examination, the person's clinical record shall include:
(a) An intake interview;
(b) Form CF-MH 3100, "Transportation to
Receiving Facility, " which is incorporated in Rule
65E-5.260, F.A.C., and one of
the following forms which are incorporated in
65E-5.280, F.A.C.: Form CF-MH
3001, "Ex Parte Order for Involuntary Examination, ", or other form provided by
the court, or Form CF-MH 3052a, "Report of Law Enforcement Officer Initiating
Involuntary Examination, ", or Form CF-MH 3052b, "Certificate of Professional
Initiating Involuntary Examination, " and
(c) The psychiatric evaluation, including the
mental status examination or the psychological status
report.
(8) Disposition
Upon Initial Mandatory Involuntary Examination.
(a) The release of a person from a receiving
facility requires the documented approval of a psychiatrist, clinical
psychologist, or psychiatric nurse in accordance with s.
394.463(2)(f),
F.S. If the receiving facility is a hospital, the release may also be approved
by an attending emergency department physician after the completion of an
initial mandatory involuntary examination. Form CF-MH 3111, (July 2023),
"Approval for Release of Person on Involuntary Status from a Receiving
Facility, " which is incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-15792,
may be used for this purpose. A copy of the form used shall be retained in the
person's clinical record.
(b) In
order to document a person's transfer from involuntary to voluntary status,
Form CF-MH 3040, "Application for Voluntary Admission - Adults, " which is
incorporated in Rule 65E-5.270, F.A.C., or Form CF-MH
3097, "Application for Voluntary Admission - Minors, " which is incorporated by
reference in Rule 65E-5.270, F.A.C., completed
prior to transfer, may be used.
(c)
A person for whom an involuntary examination has been initiated shall not be
permitted to consent to voluntary admission until after examination by a
physician or psychiatric nurse to confirm his or her ability to provide express
and informed consent to treatment. Form CF-MH 3104, "Certification of
Individual's Competence to Provide Express and Informed Consent, " which is
incorporated in Rule 65E-5.270, F.A.C., may be used
for documentation.
(d) If the
facility administrator, based on facts and expert opinions, believes the person
meets the criteria for involuntary inpatient or involuntary outpatient
placement or is incompetent to consent to treatment, the facility shall
initiate involuntary placement within 72 hours of the person's arrival by
filing a petition for involuntary placement. Form CF-MH 3032, "Petition for
Involuntary Inpatient Placement, " which is incorporated in Rule
65E-5.270, F.A.C., or CF-MH
3130, "Petition for Involuntary Outpatient Placement" which is incorporated by
reference in Rule 65E-5.270, F.A.C., may be used
for this purpose. Such petition shall be signed by the facility administrator
or designee within the 72-hour examination period. The petition shall be filed
with the court within the 72-hour examination period or, if the 72 hours ends
on a weekend or legal holiday, no later than the next court working day
thereafter. A copy of the completed petition shall be retained in the person's
clinical record and a copy given to the person and his or her duly authorized
legal decision-maker or representatives.
(e) When a person on involuntary status is
released, notice shall be given to the person's guardian or representative, to
any individual who executed a certificate for involuntary examination, and to
any court which ordered the person's examination with a copy retained in the
person's clinical record. Form CF-MH 3038, (July 2023), "Notice of Release or
Discharge, " which is incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-15793,
may be used for this purpose.
Rulemaking Authority
394.457(5),
394.46715 FS. Law Implemented
394, 394.463, 394.4655, 395 FS.
New 11-29-98, Amended 4-4-05,
8-23-23.
