397.6751 Service provider responsibilities regarding involuntary admissions.
397.6751 Service provider responsibilities regarding involuntary admissions.
(1) It is the responsibility of the service provider to:
(a) Ensure that a person who is admitted to a licensed service component meets the admission criteria specified in s. 397.675;
(b) Ascertain whether the medical and behavioral conditions of the person, as presented, are beyond the safe management capabilities of the service provider;
(c) Provide for the admission of the person to the service component that represents the least restrictive available setting that is responsive to the person’s treatment needs;
(d) Verify that the admission of the person to the service component does not result in a census in excess of its licensed service capacity;
(e) Determine whether the cost of services is within the financial means of the person or those who are financially responsible for the person’s care; and
(f) Take all necessary measures to ensure that each individual in treatment is provided with a safe environment, and to ensure that each individual whose medical condition or behavioral problem becomes such that he or she cannot be safely managed by the service component is discharged and referred to a more appropriate setting for care.
(2)(a) When, in the judgment of the service provider, the person who is being presented for involuntary admission should not be admitted because of his or her failure to meet admission criteria, because his or her medical or behavioral conditions are beyond the safe management capabilities of the service provider, or because of a lack of available space, services, or financial resources to pay for his or her care, the service provider, in accordance with federal confidentiality regulations, must attempt to contact the referral source, which may be a law enforcement officer, physician, parent, legal guardian if applicable, court and petitioner, or other referring party, to discuss the circumstances and assist in arranging for alternative interventions.
(b) When the service provider is unable to reach the referral source, the service provider must refuse admission and attempt to assist the person in gaining access to other appropriate services, if indicated.
(c) Upon completing these efforts, the service provider must, within one workday, report in writing to the referral sources, in compliance with federal confidentiality regulations:
1. The basis for the refusal to admit the person, and
2. Documentation of the service provider’s efforts to contact the referral source and assist the person, when indicated, in gaining access to more appropriate services.
(3) When, in the judgment of the service provider, the medical conditions or behavioral problems of an involuntary individual become such that they cannot be safely managed by the service component, the service provider must discharge the individual and attempt to assist him or her in securing more appropriate services in a setting more responsive to his or her needs. Upon completing these efforts, the service provider must, within 72 hours, report in writing to the referral source, in compliance with federal confidentiality regulations:
(a) The basis for the individual’s discharge; and
(b) Documentation of the service provider’s efforts to assist the person in gaining access to appropriate services.
History. s. 6, ch. 93-39; s. 738, ch. 95-148; s. 28, ch. 2009-132.