Florida Regulations 63M-2.005: Consent and Notification Requirements
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The following are the requirements for the authorization of health care services to youth in the physical custody of the department.
(1) The Authority for Evaluation and Treatment (AET) is the means by which the department obtains the consent of the parent or guardian for basic health and mental health evaluation and treatment. Covered services and exclusions are described on the form. The AET is not required for emergency services. Under no circumstances shall emergency services be withheld pending provision of a signed AET. The AET (HS 002, February 2010) is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-03805, or may be obtained by contacting: DJJ, Office of Health Services, 2737 Centerview Drive, Tallahassee, FL 32399.
(a) The department’s Juvenile Probation Officer (JPO) or Facility Superintendent is responsible for ensuring that the AET is signed and dated by the parent or guardian at the first available opportunity.
(2) The AET remains valid for as long as the youth is in custody or under supervision, or for one year after signing, whichever comes later.
(a) The AET is no longer in effect once a youth turns 18 years of age.
(b) When a youth with developmental disabilities turns 18 years of age while in department custody, the regional counsel must be consulted to determine that the party authorized to provide consent has been identified and shall proceed as in subFl. Admin. Code R. 63E-7.001(3)(a)5.
(3) The AET may be revoked in whole or in part. Revocation or modification shall be documented as follows:
(a) The JPO must ensure that the original or a legible copy of the signed AET is provided for inclusion in the youth’s Individual Health Care Record (IHCR).
(b) If a subsequent AET is obtained, it shall be filed directly on top of the prior AET in the IHCR. The JPO shall maintain a copy of the AET.
(4) The signed AET or a current copy shall accompany the youth when he or she is taken off-site to a health care provider. The AET authorizes the provider to make information available to the department, which may be necessary to provide health care to the youth. If health care is authorized by a court order, then the court order shall accompany the youth and be presented to the provider.
(5) When emergency medical services are provided, the facility superintendent, program director or designee must immediately attempt to notify the parent or guardian once the need for necessary treatment is established. The contact attempts will be documented in the chronological progress notes.
Rulemaking Authority Florida Statutes § 985.64(2). Law Implemented 985.64(2), 985.145, 985.18 FS. History-New 3-16-14.
Terms Used In Florida Regulations 63M-2.005
- 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.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(a) The department’s Juvenile Probation Officer (JPO) or Facility Superintendent is responsible for ensuring that the AET is signed and dated by the parent or guardian at the first available opportunity.
(2) The AET remains valid for as long as the youth is in custody or under supervision, or for one year after signing, whichever comes later.
(a) The AET is no longer in effect once a youth turns 18 years of age.
(b) When a youth with developmental disabilities turns 18 years of age while in department custody, the regional counsel must be consulted to determine that the party authorized to provide consent has been identified and shall proceed as in subFl. Admin. Code R. 63E-7.001(3)(a)5.
(3) The AET may be revoked in whole or in part. Revocation or modification shall be documented as follows:
(a) The JPO must ensure that the original or a legible copy of the signed AET is provided for inclusion in the youth’s Individual Health Care Record (IHCR).
(b) If a subsequent AET is obtained, it shall be filed directly on top of the prior AET in the IHCR. The JPO shall maintain a copy of the AET.
(4) The signed AET or a current copy shall accompany the youth when he or she is taken off-site to a health care provider. The AET authorizes the provider to make information available to the department, which may be necessary to provide health care to the youth. If health care is authorized by a court order, then the court order shall accompany the youth and be presented to the provider.
(5) When emergency medical services are provided, the facility superintendent, program director or designee must immediately attempt to notify the parent or guardian once the need for necessary treatment is established. The contact attempts will be documented in the chronological progress notes.
Rulemaking Authority Florida Statutes § 985.64(2). Law Implemented 985.64(2), 985.145, 985.18 FS. History-New 3-16-14.