Behavioral Services Resources > Seclusion and Restraint Rule

Promulgation of a seclusion and restraint rule (65G-8) was mandated by the Legislature at section 393.13(4)(h)2., Florida Statues, ("the agency shall adopt by rule standards and procedures relating to the use of restraint and seclusion"). The rule in its present form was adopted on August 7, 2008.

However, APD recognized that, as with any new rule, the language and requirements can be fine-tuned through rule amendments; therefore, a public hearing was held on October 24, 2008 to hear and consider the suggestions and concerns of stakeholders regarding rule language improvements. We are in the process of revising language to address input from this meeting, as well as written comments received shortly after the workshop. When amendments to this rule are complete the resultant changes will be published in the Florida Administrative Weekly

Several providers raised concerns regarding the possibility of being reviewed by the Medicaid Integrity Unit soon after the rule became effective in August of 2008, but before the providers have been able to fully comply with certain rule requirements. Recognizing that regulated parties will need a short period of time to comply with the rule's administrative requirements, some of which are dependent on action taken by the Agency, a delay in enforcement of the specified provisions has been extended until August 1st, 2010, in order to permit providers a "grace period" during which they will work in good faith to ensure full compliance by the end of that time period.

The Agency will not enforce the following requirements, and so advise the Medicaid Integrity Unit, until August 1st, 2010:

  1. Rule 65G-8.002: Requirement for certification of all staff through an Agency-approved training curriculum; maintenance of and provision to APD on demand, of copies of all training certification for all employees, and recertification through the full training curriculum utilized for initial certification;
  2. Rule 65G-8.003: The requirement that providers develop and implement new policies and procedures consistent with the provisions the new rules. This does not relieve providers from their obligations to comply with existing requirements such as reporting and recording the use of a reactive strategy;
  3. 65G-8.004: The requirement that provider have performed initial assessments of the clients and have obtained information and documents relevant to the use of reactive strategies from a variety of sources.

The following rule requirements are enforced, now:

  1. Rule 65G-8.005 "Authorizations for Specific Reactive Strategies;"
  2. Rule 65G-8.006 "Limitations on Use and Duration of Reactive Strategies;"
  3. Rule 65G-8.007 "Seclusion and Restraint;"
  4. Rule 65G-8.008 "Chemical restraint;"
  5. Rule 65G-8.009 "Prohibited procedures"
  6. Rule 65G-8.010 "Documentation and Notification"
  7. Rule 65G-8.011 "Access to Rules;" and
  8. Rule 65G-8.012 "Enforcement,"where a provider has utilized a reactive strategy not authorized or in violation of the rules, or any other provision not subject to delayed enforcement for purposes of administrative compliance, as stated above.

Documents and Downloads

Frequently Asked Questions