Fla. Admin. Code Ann. R. 65E-5.260 - Transportation
(1) Each law
enforcement officer or other transporter who takes an individual into custody
for involuntary examination under the Baker Act shall provide the receiving
facility or access center the original or an electronic copy of one of the
following:
(a) Form CF-MH 3001, "Ex Parte
Order for Involuntary Examination, " which is incorporated by reference in
65E-5.280, F.A.C., or other form
provided by the court;
(b) Form
CF-MH 3052a, "Report of a Law Enforcement Officer Initiating Involuntary
Examination, " which is incorporated by reference in
65E-5.280, F.A.C.; or
(c) Form CF-MH 3052b, "Certificate of
Professional Initiating Involuntary Examination, " which is incorporated by
reference in 65E-5.280,
F.A.C.
(2) Each law
enforcement officer or other transporter who takes an individual into custody
for involuntary admission under the Marchman Act shall provide the receiving
facility or access center the original or an electronic copy of one of the
following:
(a) Form CF-MH 4057, (July 2023),
"Certificate of Professional for Emergency Assessment for Substance Abuse
Services, " which is incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-15789;
or
(b) Form CF-M 4002, (July 2023),
"Report of Law Enforcement Officer Initiating Protective Custody, " which is
incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-15790.
(3) The designated law enforcement agency or
other transporter shall transport the individual to the most appropriate
facility pursuant to the county's approved transportation plan, documenting
this transport on Form CF-MH 3100, (July 2023), "Transportation to Receiving
Facility, " which is hereby incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-15791.
The designated law enforcement agency may decline to transport individual to a
receiving facility if the county has contracted with an emergency medical
transport service or private transport company, and the law enforcement agency
and the emergency medical transport service or private transport company agree
that the continued presence of law enforcement personnel is not necessary for
the safety of the individual or others. Part II of Form CF-MH 3100,
"Transportation to Receiving Facility, " documenting the agreement between law
enforcement and the transport service shall accompany the individual to the
receiving facility. When the transportation is conducted by a mental health
overlay program or a mobile crisis response service, the program or service
shall complete Part III of Form CF-MH 3100 "Transportation to Receiving
Facility, " which shall accompany the individual to the receiving facility. The
completed form shall be retained in the individual's clinical
record.
Notes
Rulemaking Authority 394.457(5) FS. Law Implemented 394.462, 394.463 FS.
New 11-29-98, Amended 4-4-05, 1-8-07, 7-5-16, 8-23-23.
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