Voluntary and Involuntary Placement Under
chapter 397, F.S., parts IV and V.
Placement. To be considered eligible for treatment on a voluntary basis, an
applicant for services must meet diagnostic criteria for substance use
disorders utilizing a validated tool used for service determination.
2. Involuntary Placement. To be considered
eligible for services on an involuntary basis, a person must meet the criteria
for involuntary placement as specified in section
Responsibilities Regarding Involuntary Placement.
1. Persons who are involuntarily placed shall
be served only by licensed service providers as defined in subsection
397.311(25), F.S., and only in those components permitted to admit individuals
on an involuntary basis.
Providers which accept involuntary referrals must provide a description of the
eligibility and diagnostic criteria and the placement process to be followed
for each of the involuntary placement procedures described under sections
397.6798, 397.6811, and 397.693, F.S.
3. Individuals shall be referred to more
appropriate services if the provider determines that the person should not be
placed or should be discharged. Such referral shall follow the requirements
found in paragraphs
(b), (c) and (3)(a), (b), F.S. The decision
to refuse to admit or to discharge shall be made by a qualified professional.
Any attempts to contact the referral source must be made in accordance with
Title 42, Code of Federal Regulations, Part 2.
4. In cases in which the court ordering
involuntary treatment includes a requirement in the court order for
notification of proposed release, the provider must notify the original
referral source in writing. Such notification shall comply with legally defined
conditions and timeframes and conform to confidentiality regulations found in
Title 42, Code of Federal Regulations, Part 2, and subsection
Standards for Involuntary Treatment Proceedings. Providers that make
assessments available to the court regarding hearings for involuntary treatment
must define the process used to complete the assessment. This includes
specifying the protocol to be utilized, the format and content of the report to
the court, and the internal procedures used to ensure that assessments are
completed and submitted within legally specified timeframes. For persons
assessed under an involuntary order, the provider shall address the means by
which the physician's review and signature for involuntary assessment and
stabilization and the signature of a qualified professional for involuntary
assessments only, will be secured. This includes the process that will be used
to notify affected parties stipulated in the petition.
(d) Provider Initiated Involuntary Admission
Petitions. Providers are authorized to initiate petitions under the involuntary
assessment and stabilization and involuntary treatment provisions when that
provider has direct knowledge of the respondent's substance use disorder or
when an extension of the involuntary admission period is needed. Providers
shall specify the circumstances under which a petition will be initiated and
the means by which petitions will be drafted, presented to the court, and
monitored through the process. This shall be in accordance with Title 42, Code
of Federal Regulations, Part 2. The forms to be utilized and the methods to be
employed to ensure adherence to legal timeframes shall be included in the