This rule governs the rights of patients in Florida receiving and treatment facilities (psychiatric facilities) regarding communication and visitation. It requires that any restrictions on a patient's communications be documented in the clinical record with justification, and that competent adults be informed of their ability to waive confidentiality of their presence. Facilities must also provide immediate telephone access for patients to contact legal counsel, the Florida Abuse Registry, the Local Advocacy Council, or the Advocacy Center for Persons with Disabilities.
View official source65E-5.190 Right to Communication and Visits. (1) If the treatment team imposes any restrictions on whom a person in a receiving or treatment facility may communicate, such restrictions and justification shall be recorded in the person’s clinical record. Recommended form CF-MH 3049, (December 2024), “Restriction of Communication or Visitors,” which is incorporated by reference and available at HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-17368" http://www.flrules.org/Gateway/reference.asp?No=Ref-17368 may be used for this purpose. Facility staff shall make competent adults aware that they have the ability to waive the confidentiality of their presence in a receiving or treatment facility and allowing all or specified individuals the person selects access to private and open communication with the person. Recommended form CF-MH 3048, (December 2024), “Confidentiality Agreement,” incorporated by reference and available at HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-17369" http://www.flrules.org/Gateway/reference.asp?No=Ref-17369 may be used for this purpose. (2) Immediate access to a telephone shall be provided to each person requesting to call his or her legal counsel, Florida Abuse Registry, Florida Local Advocacy Council, or the Advocacy Center for Persons with Disabilities. Rulemaking Authority 394.457(5) FS. Law Implemented 394.459(5) FS. History–New 11-29-98, Amended 4-4-05, 12-29-24.