Providers > Rule Chapter 65G-8: Seclusion and Restraint

Rule Chapter 65G-8: Seclusion and Restraint

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 Agency will file the rule for adoption in its present form.

However, APD recognizes that, as with any new rule, the language and requirements can be fine-tuned through rule amendments; therefore, in lieu of further public hearings to refine some of the present wording, the Agency will schedule a meeting to consider the suggestions and concerns regarding rule language improvements. We are anticipating late August or early September as an appropriate time for discussion, and we will notice this meeting in the Florida Administrative Weekly so that interested parties may participate.

Several providers raised concerns regarding the possibility of being reviewed by the Medicaid Integrity Unit soon after the rule is effective in August, 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, the Agency will delay enforcement of the specified provisions for six months, in order to permit providers a "grace period" during which the providers 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 February 1, 2009:

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 not subject to an enforcement delay:

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

• Application for Emergency Procedure Training Curriculum Review



• Emergency Procedure Training Curriculum Review Tracking



• Reactive Strategies Report

Frequently Asked Questions

Frequently asked Questions and Answers
(65G-8) Reactive Strategies: Seclusion and Restraint Rule