Florida Regulations 65E-5.140: Rights of Persons
Current as of: 2024 | Check for updates
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(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 Health Facilities and Programs,”” which is incorporated by reference and may be obtained pursuant to Fl. Admin. Code R. 65E-5.120, of this rule chapter may be used for this purpose. A copy of the rights statement, signed by the person evidencing receipt of the copy, shall be placed in the person’s clinical record and shall also be provided to the person’s guardian, guardian advocate, representative, and health care surrogate or proxy.
(2) To assure that persons have current information as to their rights, a copy of the Florida Mental Health Act (Florida Statutes Chapter 394, Part I) and Mental Health Act Regulations (Fl. Admin. Code Chapter 65E-5) shall be available, and provided upon request, in every psychiatric unit of each receiving and treatment facility and by each service provider and, upon request shall be made available for review by any person, guardian, guardian advocate, representative, or health care surrogate or proxy. The administrator or designee of the facility or service provider shall make physicians, nurses, and all other direct service staff aware of the location of these documents so they are able to promptly access them upon request.
(3) Posters delineating rights of persons served in mental health facilities and by service providers, including those with telephone numbers for the Florida Abuse Hotline, Florida Local Advocacy Council, and the Advocacy Center for Persons with Disabilities, shall be legible, a minimum of 14 point font size, and shall be posted immediately next to telephones which are available for persons served by the facility or provider.
(4) Each person shall be afforded the opportunity to exercise his or her rights in a manner consistent with Florida Statutes § 394.459(1) The imposition of individual or unit restrictions and the development of unit policies and procedures shall address observance of protecting rights of persons served in developing criteria or processes to provide for care and safety.
Rulemaking Authority 394.457(5), 394.46715 FS. Law Implemented 394.459(1), (12), 394.4655 FS. History-New 11-29-98, Amended 4-4-05.
Terms Used In Florida Regulations 65E-5.140
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(3) Posters delineating rights of persons served in mental health facilities and by service providers, including those with telephone numbers for the Florida Abuse Hotline, Florida Local Advocacy Council, and the Advocacy Center for Persons with Disabilities, shall be legible, a minimum of 14 point font size, and shall be posted immediately next to telephones which are available for persons served by the facility or provider.
(4) Each person shall be afforded the opportunity to exercise his or her rights in a manner consistent with Florida Statutes § 394.459(1) The imposition of individual or unit restrictions and the development of unit policies and procedures shall address observance of protecting rights of persons served in developing criteria or processes to provide for care and safety.
Rulemaking Authority 394.457(5), 394.46715 FS. Law Implemented 394.459(1), (12), 394.4655 FS. History-New 11-29-98, Amended 4-4-05.