This rule establishes individual dignity rights for persons held in Florida mental health receiving and treatment facilities. Operators must ensure freedom of movement with physician-ordered restrictions documented in clinical records, provide at least 30 minutes of outdoor activity daily unless a physician prohibits it, and prohibit the use of special identifying clothing (e.g., surgical scrubs or hospital gowns) for behavioral or identification purposes. Prison or jail attire is also restricted except when a uniformed law enforcement officer is present.
View official source65E-5.150 Person’s Right to Individual Dignity. (1) Freedom of movement is a right of persons in mental health receiving and treatment facilities. Any restriction of this right requires a physician’s order based upon risk factors. Each receiving and treatment facility shall have policies that describe freedom of movement and access to grounds. When a suitable area is immediately adjacent to the unit, the staff shall afford each person an opportunity to spend at least one half hour per day in an open, out of doors, fresh air activity area, unless there is a physician’s order prohibiting this, with documentation in the person’s clinical record of the clinical reasons that access to fresh air will not be accommodated. (2) Use of special clothing for identification purposes such as surgical scrubs or hospital gowns to identify persons who are in need of specific precautions or behavior modification restrictions is prohibited as a violation of individual dignity. Prison or jail attire shall not be permitted for persons admitted or retained in a receiving facility except while accompanied by a uniformed law enforcement officer, for purposes of security. Under non-psychiatric medical circumstances, use of special clothing may be ordered by the person’s physician on an individual basis. Documentation of the circumstances shall be included in the person’s clinical record. Rulemaking Authority 394.457(5) FS. Law Implemented 394.459(1) FS. History–New 11-29-98, Amended 4-4-05.