Fla. Admin. Code R. 65C-35.012 (2026)

(1) Second Opinions.

(a) The child protective investigator (CPI) or case manager may seek a second medical opinion at any time after consultation with a supervisor as to the need for a second opinion.

(b) When any party files a motion requesting that the court order a second medical opinion, the court may order the Department or its contracted service provider to obtain a second opinion within a reasonable timeframe as established by the court. Within one (1) business day of the court’s order, the CPI or the case manager will make a referral for an appointment for the second opinion.

(c) The CPI or case manager must obtain the second opinion within twenty-one (21) calendar days of the court ordering the second opinion.

(2) Pre-Consent Reviews. The CPI or case manager shall seek a pre-consent review when:

(a) A physician or psychiatric nurse proposes prescribing psychotropic medication or changing the dosage of prescribed psychotropic medication outside the dosage parameters documented in the Medical Report; and,

(b) The child is age birth through 17 years; and

(c) The child is prescribed two (2) or more psychotropic medications.

Rulemaking Authority 39.407(3)(g) FS. Law Implemented 39.407(3)(d)1. FS. History–New 3-17-10, Amended 4-20-17, 5-28-18, 12-3-19.

Effective: 12/3/2019.