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Florida Statute 400.9971 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 400
NURSING HOMES AND RELATED HEALTH CARE FACILITIES
View Entire Chapter
F.S. 400.9971
400.9971 Definitions.As used in this part, the term:
(1) “Agency” means the Agency for Health Care Administration.
(2) “Chemical restraint” means a pharmacologic drug that physically limits, restricts, or deprives a person of movement or mobility, is used for client protection or safety, and is not required for the treatment of medical conditions or symptoms.
(3) “Client’s representative” means the parent of a child client or the client’s guardian, designated representative, designee, surrogate, or attorney in fact.
(4) “Department” means the Department of Health.
(5) “Physical restraint” means a manual method to restrict freedom of movement of or normal access to a person’s body, or a physical or mechanical device, material, or equipment attached or adjacent to the person’s body that the person cannot easily remove and that restricts freedom of movement of or normal access to the person’s body, including, but not limited to, a half-bed rail, a full-bed rail, a geriatric chair, or a Posey restraint. The term includes any device that is not specifically manufactured as a restraint but is altered, arranged, or otherwise used for this purpose. The term does not include bandage material used for the purpose of binding a wound or injury.
(6) “Seclusion” means the physical segregation of a person in any fashion or the involuntary isolation of a person in a room or area from which the person is prevented from leaving. Such prevention may be accomplished by imposition of a physical barrier or by action of a staff member to prevent the person from leaving the room or area. For purposes of this part, the term does not mean isolation due to a person’s medical condition or symptoms.
(7) “Transitional living facility” means a site where specialized health care services are provided to persons who have brain or spinal cord injuries, including, but not limited to, rehabilitative services, behavior modification, community reentry training, aids for independent living, and counseling.
History.s. 1, ch. 2015-25.

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Amendments to 400.9971


Arrestable Offenses / Crimes under Fla. Stat. 400.9971
Level: Degree
Misdemeanor/Felony: First/Second/Third

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