Terms Used In Florida Statutes 400.9971

  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • 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.
  • person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 88.6011
As used in this part, the term:

(1) “Agency” means the Agency for Health Care Administration.
(2) “Chemical restraint” means a pharmacologic drug that physically limits, restricts, or deprives a person of movement or mobility, is used for client protection or safety, and is not required for the treatment of medical conditions or symptoms.
(3) “Client’s representative” means the parent of a child client or the client’s guardian, designated representative, designee, surrogate, or attorney in fact.
(4) “Department” means the Department of Health.
(5) “Physical restraint” means a manual method to restrict freedom of movement of or normal access to a person’s body, or a physical or mechanical device, material, or equipment attached or adjacent to the person’s body that the person cannot easily remove and that restricts freedom of movement of or normal access to the person’s body, including, but not limited to, a half-bed rail, a full-bed rail, a geriatric chair, or a Posey restraint. The term includes any device that is not specifically manufactured as a restraint but is altered, arranged, or otherwise used for this purpose. The term does not include bandage material used for the purpose of binding a wound or injury.
(6) “Seclusion” means the physical segregation of a person in any fashion or the involuntary isolation of a person in a room or area from which the person is prevented from leaving. Such prevention may be accomplished by imposition of a physical barrier or by action of a staff member to prevent the person from leaving the room or area. For purposes of this part, the term does not mean isolation due to a person’s medical condition or symptoms.
(7) “Transitional living facility” means a site where specialized health care services are provided to persons who have brain or spinal cord injuries, including, but not limited to, rehabilitative services, behavior modification, community reentry training, aids for independent living, and counseling.