(1) In order to request continued involuntary inpatient placement, the treatment facility administrator shall, prior to the expiration of the period during which the treatment facility is authorized to retain the person, file a request for continued placement. Recommended form CF-MH 3035, Feb. 05, “”Petition Requesting Authorization for Continued Involuntary Inpatient Placement,”” which is incorporated by reference and may be obtained pursuant to Fl. Admin. Code R. 65E-5.120, of this rule chapter may be used as documentation of that request. The petition shall be filed with the Division of Administrative Hearings within 20 days prior to the expiration date of a person’s authorized period of placement or, in the case of a minor, the date when the minor will reach the age of majority. The petition shall contain the signed statement of the person’s physician or clinical psychologist justifying the request and shall be accompanied by the following additional documentation:
    (a) Evidence justifying the request by the physician or clinical psychologist for involuntary inpatient placement, including how the person meets each of the statutorily required criteria;
    (b) A brief summary of the person’s treatment during the time he or she was placed; and,
    (c) An individualized treatment plan.
    (2) Each criterion alleged must be substantiated by evidence.
    (3) The administrative law judge shall provide notice of the hearing. Recommended form CF-MH 3024, Feb. 05, “”Notice of Petition for Continued Involuntary Placement,”” which is incorporated by reference and may be obtained pursuant to Fl. Admin. Code R. 65E-5.120, of this rule chapter, may be used for this purpose. Copies shall be provided to the person, attorney, and guardian, guardian advocate or representative, with a copy of the notice filed in the person’s clinical record.
    (4) If the administrative law judge finds evidence that the person has regained his or her competency to consent to treatment, the administrative law judge shall notify the court appointing the guardian advocate. Recommended form CF-MH 3116, Feb. 05, “”Findings and Recommended Order Restoring Person’s Competence to Consent to Treatment and Discharging the Guardian Advocate,”” which is incorporated by reference and may be obtained pursuant to Fl. Admin. Code R. 65E-5.120, of this rule chapter, may be used for this purpose.
    (5) Based on the findings of the hearing, the administrative law judge may return the person to involuntary placement pending the next statutorily required periodic hearing, release the person from placement, or find the person eligible for voluntary status. Recommended form CF-MH 3031, Feb. 05, “”Order for Continued Involuntary Inpatient Placement or for Release,”” which is incorporated by reference and may be obtained pursuant to Fl. Admin. Code R. 65E-5.120, of this rule chapter, may be used for this purpose. A copy of the completed order shall be filed in the person’s clinical record and a copy shall be provided to the person, attorney, facility administrator, and guardian, guardian advocate or representative.
    (6) In order for the department to implement the provisions of Section 394.463(2)(e), F.S., and to ensure that the Agency for Health Care Administration will be able to analyze the data it receives pursuant to that section, designated receiving facilities and treatment facilities shall forward copies of each recommended form CF-MH 3031, “”Order for Continued Involuntary Inpatient Placement or Release,”” as referenced in subsection 65E-5.300(5), F.A.C., accompanied by mandatory form CF-MH 3118, “”Cover Sheet to Agency for Health Care Administration,”” as referenced in subsection 65E-5.280(5), F.A.C., to: BA Reporting Center, FMHI-MHC 2637, 13301 Bruce B. Downs Boulevard, Tampa, Florida 33612-3807.
Rulemaking Authority 394.457(5), 394.46715 FS. Law Implemented 394.463(2)(e), 394.467(7) FS. History-New 11-29-98, Amended 4-4-05, 1-8-07.