Florida Regulations 63N-1.014: Consent Requirements Applicable to Mental Health Services and Psychotropic Medication
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(1) The Authority for Evaluation and Treatment (AET) Form (HS 002) incorporated in Fl. Admin. Code R. 63M-2.0051, is the means by which the department obtains the consent of the parent or legal guardian for routine health and mental health evaluation and treatment.
(2) The AET (HS 002) authorizes the department to provide physical health and mental health information to healthcare providers that are or will be treating a youth. It also authorizes healthcare providers to release physical health and mental health records to the department. The AET procedures provided in Fl. Admin. Code R. 63M-2.0051, must be followed to obtain the parent or legal guardian’s consent for release of physical health and mental health information and records.
(a) The AET authorizes the department to arrange for, make available and facilitate mental health assessments and treatment with licensed Mental Health Providers or mental health facilities, including diagnostic assessment, psychological testing, and individual, group, and family therapy and/or counseling.
(b) The AET shall not authorize the commitment of a child to a residential facility licensed under Chapter 393 or 394, F.S., but is acknowledging commitment under Florida Statutes Chapter 985
(3) Unless revoked or modified by a youth’s parent or guardian or superseded by a court order addressing the provision of routine mental healthcare, an AET (HS 002) remains current and valid while the youth remains under the department’s supervision or custody or for one year after it is signed, whichever comes later. However, if a youth reaches 18 years of age while in the program and is not incapacitated, or is otherwise emancipated as provided in Section 743.01 or 743.015, F.S., the youth is responsible for authorizing his/her health care and authorizing release of his/her healthcare records.
(a) Except in the case of an incapacitated youth for whom the court has appointed a parent as the guardian, the facility or program shall not release any health or mental health information to a parent of a youth who is 18 years of age or older, or is otherwise emancipated as provided in Section 743.01 or 743.015, F.S., without the youth’s written consent.
(b) The program shall request the youth who is 18 years of age or older, or is otherwise emancipated as provided in Section 743.01 or 743.015, F.S., provide written consent for his or her parent or legal guardian to be contacted in the event of an emergency. If the youth does not provide consent for the parent or legal guardian to be contacted, the program shall request the youth designate in writing the person or persons who are to be contacted in the event of an emergency.
(4) The AET (HS 002) provides the parent/legal guardian’s authorization to continue administration of only those Psychotropic Medications for which the youth has a bona fide prescription at the time of his/her entry into the physical custody of the department, as long as there are no changes in the Psychotropic Medication dosage or route of administration.
(5) Whenever a new Psychotropic Medication is prescribed, Psychotropic Medication is discontinued, or the drug dosage is significantly changed, parental/legal guardian verbal consent for Psychotropic Medication is documented through the CPPN (form HS 006) at page 3 or a form containing all the information require in HS 006 at page 3, and written consent is documented on the Acknowledgment of Receipt of CPPN Form or Practitioner Form (HS 001) in accordance with Fl. Admin. Code R. 63N-1.0085
(6) Consent requirements for provision of Psychotropic Medication for youths in foster care whose parent or legal guardian’s rights have been terminated are addressed in Fl. Admin. Code Chapter 65C-35
(7) The department’s Office of the General Counsel shall be notified in the following circumstances:
(a) The parent or legal guardian declines to sign the Authority for Evaluation and Treatment, or the parent or legal guardian’s location or identity is unknown.
(b) The parent or legal guardian verbally revokes the Authority for Evaluation and Treatment and is unwilling, unable or unavailable to provide written revocation.
(c) The parent or legal guardian declines to authorize the provision of Psychotropic Medication or withdraws consent for provision of Psychotropic Medication which the Psychiatrist determines is medically necessary for a youth.
(d) The youth requests the discontinuation of Psychotropic Medication or refuses Psychotropic Medication which the Psychiatrist determines is medically necessary for a youth.
(8) A copy of any court order authorizing mental health treatment or provision of Psychotropic Medication must be placed in the youth’s Individual Healthcare Record.
Rulemaking Authority Florida Statutes § 985.64(2). Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History-New 3-16-14.
Terms Used In Florida Regulations 63N-1.014
- 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.
(a) The AET authorizes the department to arrange for, make available and facilitate mental health assessments and treatment with licensed Mental Health Providers or mental health facilities, including diagnostic assessment, psychological testing, and individual, group, and family therapy and/or counseling.
(b) The AET shall not authorize the commitment of a child to a residential facility licensed under Chapter 393 or 394, F.S., but is acknowledging commitment under Florida Statutes Chapter 985
(3) Unless revoked or modified by a youth’s parent or guardian or superseded by a court order addressing the provision of routine mental healthcare, an AET (HS 002) remains current and valid while the youth remains under the department’s supervision or custody or for one year after it is signed, whichever comes later. However, if a youth reaches 18 years of age while in the program and is not incapacitated, or is otherwise emancipated as provided in Section 743.01 or 743.015, F.S., the youth is responsible for authorizing his/her health care and authorizing release of his/her healthcare records.
(a) Except in the case of an incapacitated youth for whom the court has appointed a parent as the guardian, the facility or program shall not release any health or mental health information to a parent of a youth who is 18 years of age or older, or is otherwise emancipated as provided in Section 743.01 or 743.015, F.S., without the youth’s written consent.
(b) The program shall request the youth who is 18 years of age or older, or is otherwise emancipated as provided in Section 743.01 or 743.015, F.S., provide written consent for his or her parent or legal guardian to be contacted in the event of an emergency. If the youth does not provide consent for the parent or legal guardian to be contacted, the program shall request the youth designate in writing the person or persons who are to be contacted in the event of an emergency.
(4) The AET (HS 002) provides the parent/legal guardian’s authorization to continue administration of only those Psychotropic Medications for which the youth has a bona fide prescription at the time of his/her entry into the physical custody of the department, as long as there are no changes in the Psychotropic Medication dosage or route of administration.
(5) Whenever a new Psychotropic Medication is prescribed, Psychotropic Medication is discontinued, or the drug dosage is significantly changed, parental/legal guardian verbal consent for Psychotropic Medication is documented through the CPPN (form HS 006) at page 3 or a form containing all the information require in HS 006 at page 3, and written consent is documented on the Acknowledgment of Receipt of CPPN Form or Practitioner Form (HS 001) in accordance with Fl. Admin. Code R. 63N-1.0085
(6) Consent requirements for provision of Psychotropic Medication for youths in foster care whose parent or legal guardian’s rights have been terminated are addressed in Fl. Admin. Code Chapter 65C-35
(7) The department’s Office of the General Counsel shall be notified in the following circumstances:
(a) The parent or legal guardian declines to sign the Authority for Evaluation and Treatment, or the parent or legal guardian’s location or identity is unknown.
(b) The parent or legal guardian verbally revokes the Authority for Evaluation and Treatment and is unwilling, unable or unavailable to provide written revocation.
(c) The parent or legal guardian declines to authorize the provision of Psychotropic Medication or withdraws consent for provision of Psychotropic Medication which the Psychiatrist determines is medically necessary for a youth.
(d) The youth requests the discontinuation of Psychotropic Medication or refuses Psychotropic Medication which the Psychiatrist determines is medically necessary for a youth.
(8) A copy of any court order authorizing mental health treatment or provision of Psychotropic Medication must be placed in the youth’s Individual Healthcare Record.
Rulemaking Authority Florida Statutes § 985.64(2). Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History-New 3-16-14.