Fla. Admin. Code Ann. R. 65C-35.007 - Authority to Provide Psychotropic Medications to Children in Out-of-Home Care
(1) Parents or
legal guardians retain the right to consent to or decline the administration of
psychotropic medications for children taken into state care until such time as
their parental rights, or court ordered guardianship or custodial rights, have
been terminated.
(2) In no case may
the child protective investigator (CPI), case manager, child's caregiver, or
staff from Residential Treatment Centers provide express and informed consent
for a child in out-of-home care to be prescribed a psychotropic
medication.
(3) If the parents' or
guardians' legal rights have been terminated, their identity or location is
unknown, they decline to approve administration of psychotropic medication, or
withdraw consent to the administration of psychotropic medication and any party
to the dependency action believes that administration of the medication is in
the best interest of the child and medically necessary, then authorization to
treat with psychotropic medication shall be pursued as follows:
(a) The case manager shall consult with the
prescribing physician or psychiatric nurse within one (1) business day of being
notified that the parent:
1. Is unavailable,
2. Withdraws consent,
3. Declines to consent, or
4. Is found by the prescribing physician or
psychiatric nurse to lack the ability to provide express and informed
consent.
(b) If the
prescribing physician or psychiatric nurse determines that the medication is
medically necessary for the child despite the lack of authorization, the case
manager must obtain a completed Medical Report, incorporated by reference in
Rule 65C-35.001, F.A.C., from the
prescribing physician or psychiatric nurse. If the parent or legal guardian
withdraws consent that was previously provided or declines to consent to the
administration of psychotropic medication, the parent or legal guardian's
decision, and any reason provided therefore, must be recorded by the
prescribing physician or psychiatric nurse in the Medical Report. If the
prescribing physician or psychiatric nurse determines that the parent or legal
guardian cannot provide express and informed consent, the basis for that
determination must be recorded by the prescribing physician or psychiatric
nurse in the Medical Report.
(c)
Within three (3) business days of receiving the Medical Report from the
prescribing physician or psychiatric nurse, the child welfare professional must
submit the Medical Report and any supporting documentation to Children's Legal
Services, with a request for legal action to obtain a court order authorizing
the administration of the prescribed medication.
(d) Children's Legal Services must file a
motion seeking court authorization for the provision of the psychotropic
medication. Except as provided in Section
39.407(3)(e),
F.S., court authorization must occur before the psychotropic medication is
administered to the child.
(4) Psychotropic medications may be
administered in advance of a court order or parental authorization in
accordance with Sections 39.407(3)(b)1. and
39.407(3)(e),
F.S.
Notes
Rulemaking Authority 39.407(3)(g) FS. Law Implemented 39.407(2), (3) FS.
New 3-17-10, Amended 4-20-17, 5-28-18, 12-3-19.
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