Florida Senate - 2009                                    SB 2194
       
       
       
       By Senator Garcia
       
       
       
       
       40-01633A-09                                          20092194__
    1                        A bill to be entitled                      
    2         An act relating to mental health; revising part I of
    3         ch. 394, F,S., relating to the Florida Mental Health
    4         Act, to substitute the term “individual” for the terms
    5         “person,” “patient,” or “client”; amending s. 394.453,
    6         F.S.; conforming terms; amending s. 394.455, F.S.;
    7         redefining terms, defining new terms, and deleting
    8         terms; amending s. 394.457, F.S.; conforming terms;
    9         amending s. 394.4572, F.S.; conforming terms; deleting
   10         certain background screening requirements and
   11         exemptions for certain mental health professionals;
   12         amending s. 394.4573, F.S.; conforming terms; deleting
   13         a report requirement relating to the implementation of
   14         staffing standards in state treatment facilities;
   15         amending ss. 394.4574 and 394.458, F.S.; conforming
   16         terms; amending s. 394.459, F.S.; conforming terms;
   17         requiring physical examinations and psychiatric
   18         evaluations to be documented in the clinical record;
   19         requiring facilities to provide procedures for
   20         reporting events that place individuals receiving
   21         services at risk of harm; requiring facilities to
   22         provide information and assist individuals with
   23         advance directives; amending ss. 394.4593 and
   24         394.4595, F.S.; conforming terms; amending s.
   25         394.4597, F.S.; conforming terms; specifying the
   26         rights, authority, and responsibilities of a
   27         representative; amending s. 394.4598, F.S.; conforming
   28         terms; requiring a guardian advocate to make every
   29         effort to make the decision the individual would have
   30         made; amending s. 394.4599, F.S.; conforming terms;
   31         repealing s. 394.460, F.S., relating to the rights of
   32         professionals; amending s. 394.461, F.S.; conforming
   33         terms; specifying that only governmental facilities
   34         may serve as receiving and treatment facilities;
   35         creating s. 394.4611, F.S.; providing for integrated
   36         adult mental health crisis stabilization unit and
   37         addictions receiving facility services; authorizing
   38         licensure by the Agency for Health Care
   39         Administration; specifying who may receive services;
   40         requiring the Department of Children and Family
   41         Services to adopt rules; amending s. 394.4615, F.S.;
   42         conforming terms; amending s. 394.462, F.S.;
   43         conforming terms; providing that a law enforcement
   44         officer acting in good faith may not be held liable
   45         for false imprisonment; amending s. 394.4625, F.S.;
   46         conforming terms; requiring a minor’s assent to
   47         voluntary admission; requiring an individual who has
   48         been voluntarily admitted and charged with a crime to
   49         be returned to the custody of a law enforcement agency
   50         after discharge; amending s. 394.463, F.S.; conforming
   51         terms; requiring an ex parte order for involuntary
   52         examination to be based on specific facts and have
   53         occurred within the last 14 days; specifying
   54         requirements for certificates for involuntary
   55         examination executed by examining professionals;
   56         providing notification requirements to guardians of
   57         minors who are involuntarily examined; revising the
   58         procedures for holding a person for involuntary
   59         examination and for emergency situations; amending s.
   60         394.4655, F.S.; conforming terms; amending s. 394.467,
   61         F.S.; conforming terms; requiring a facility to send a
   62         copy of the petition for involuntary inpatient
   63         placement to the Agency for Health Care
   64         Administration; requiring an attorney representing an
   65         individual in involuntary placement to represent the
   66         individual’s expressed desires; requiring the state
   67         attorney to participate in all hearings on involuntary
   68         placement; prohibiting continuance requests from
   69         parties other than the individual; requiring the court
   70         to also conduct a hearing on capacity to consent to
   71         treatment; providing for the appointment of a guardian
   72         advocate if an individual is found incompetent;
   73         requiring the court to allow certain testimony at
   74         hearings on involuntary placement; requiring the
   75         Division of Administrative Hearings to inform an
   76         individual of his or her right to an independent
   77         expert examination; amending ss. 394.46715 and
   78         394.4672, F.S.; conforming terms; repealing s.
   79         394.4674, F.S., relating to a plan and report on the
   80         deinstitutionalization of patients in treatment
   81         facilities; amending s. 394.4685, F.S.; conforming
   82         terms; authorizing a public facility to request the
   83         transfer of an individual to a private facility;
   84         amending s. 394.469, F.S.; conforming terms; requiring
   85         a discharged individual who is charged with a crime to
   86         be returned to the custody of a law enforcement
   87         agency; amending ss. 394.473, 394.475, 394.4785,
   88         394.4786, 394.47865, 394.4787, 394.4788, and 394.4789,
   89         F.S.; conforming terms; amending ss. 39.407, 394.495,
   90         394.496, 394.9085, 419.001, and 744.704, F.S.;
   91         conforming cross-references; providing an effective
   92         date.
   93  
   94  Be It Enacted by the Legislature of the State of Florida:
   95  
   96         Section 1. Section 394.453, Florida Statutes, is amended to
   97  read:
   98         394.453 Legislative intent.—It is the intent of the
   99  Legislature to authorize and direct the Department of Children
  100  and Family Services to evaluate, research, plan, and recommend
  101  to the Governor and the Legislature programs designed to reduce
  102  the occurrence, severity, duration, and disabling aspects of
  103  mental, emotional, and behavioral disorders. It is the intent of
  104  the Legislature that treatment programs for such disorders shall
  105  include, but not be limited to, comprehensive health, social,
  106  educational, and rehabilitative services for individuals to
  107  persons requiring intensive short-term and continued treatment
  108  in order to encourage them to assume responsibility for their
  109  treatment and recovery. It is intended that such individuals
  110  persons be provided with emergency service and temporary
  111  detention for evaluation if when required; that they be admitted
  112  to treatment facilities on a voluntary basis if when extended or
  113  continuing care is needed and unavailable in the community; that
  114  involuntary placement be provided only if when expert evaluation
  115  determines that it is necessary; that any involuntary treatment
  116  or examination be accomplished in a setting that which is
  117  clinically appropriate and most likely to facilitate the
  118  individual’s person's return to the community as soon as
  119  possible; and that individual dignity and human rights be
  120  guaranteed to all individuals persons who are admitted to mental
  121  health facilities or who are being held under s. 394.463. It is
  122  the further intent of the Legislature that the least restrictive
  123  means of intervention be employed based on the individual’s
  124  individual needs of each person, within the scope of available
  125  services. It is the policy of this state that the use of
  126  restraint and seclusion on clients is justified only as an
  127  emergency safety measure to be used in response to imminent
  128  danger to the individual client or others. It is, therefore, the
  129  intent of the Legislature to achieve an ongoing reduction in the
  130  use of restraint and seclusion in programs and facilities
  131  serving individuals who have persons with mental illness.
  132         Section 2. Section 394.455, Florida Statutes, is amended to
  133  read:
  134         394.455 Definitions.—As used in this part, unless the
  135  context clearly requires otherwise, the term:
  136         (1) “Administrator” means the chief administrative officer
  137  of a receiving or treatment facility or his or her designee.
  138         (2)“Advance directive” has the same meaning as in s.
  139  765.101.
  140         (3)(2) “Clinical psychologist” means a psychologist as
  141  defined in s. 490.003 490.003(7) with 3 years of postdoctoral
  142  experience in the practice of clinical psychology, inclusive of
  143  the experience required for licensure, or a psychologist
  144  employed by a facility operated by the United States Department
  145  of Veterans Affairs or the United States Department of Defense
  146  that qualifies as a receiving or treatment facility under this
  147  part.
  148         (4)(3) “Clinical record” means all parts of the record
  149  required to be maintained and includes all medical records,
  150  progress notes, charts, and admission and discharge data, and
  151  all other information recorded by a facility staff which
  152  pertains to an individual’s the patient's hospitalization or
  153  treatment.
  154         (5)(4) “Clinical social worker” has the same meaning as
  155  provided in s. 491.003 means a person licensed as a clinical
  156  social worker under chapter 491.
  157         (6)(5) “Community facility” means a any community service
  158  provider contracting with the department to furnish substance
  159  abuse or mental health services under part IV of this chapter.
  160         (7)(6) “Community mental health center or clinic” means a
  161  publicly funded, not-for-profit center that which contracts with
  162  the department for the provision of inpatient, outpatient, day
  163  treatment, or emergency services.
  164         (8)(7) “Court,” unless otherwise specified, means the
  165  circuit court.
  166         (9)(8) “Department” means the Department of Children and
  167  Family Services.
  168         (10)(9) “Express and informed consent” means consent
  169  voluntarily given in writing, by a competent individual person,
  170  after sufficient explanation and disclosure of the subject
  171  matter involved to enable the individual person to make a
  172  knowing and willful decision without any element of force,
  173  fraud, deceit, duress, or other form of constraint or coercion.
  174         (11)(10) “Facility” means a any hospital, community
  175  facility, public or private facility, or receiving or treatment
  176  facility providing for the evaluation, diagnosis, care,
  177  treatment, training, or hospitalization of individuals persons
  178  who appear to have a mental illness or who have been diagnosed
  179  as having a mental illness. The term “Facility” does not include
  180  a any program or entity licensed under pursuant to chapter 400
  181  or chapter 429.
  182         (12)”Government facility” means a facility owned,
  183  operated, directly supported, or administered by the Department
  184  of Corrections or the United States Department of Veterans
  185  Affairs.
  186         (13)(11) “Guardian” means the natural guardian of a minor,
  187  or a person appointed by a court to act on behalf of a ward's
  188  person if the ward is a minor or has been adjudicated
  189  incapacitated.
  190         (14)(12) “Guardian advocate” means a person appointed by a
  191  court to make decisions regarding mental health treatment on
  192  behalf of an individual a patient who has been found incompetent
  193  to consent to treatment pursuant to this part. The guardian
  194  advocate may be granted specific additional powers by written
  195  order of the court, as provided in this part.
  196         (15)(13) “Hospital” means a hospital facility as defined in
  197  s. 395.002 and licensed under chapter 395 and part II of chapter
  198  408.
  199         (16)(14) “Incapacitated” means that an individual a person
  200  has been adjudicated incapacitated pursuant to part V of chapter
  201  744 and a guardian of the person has been appointed.
  202         (17)(15) “Incompetent to consent to treatment” means that
  203  an individual's a person's judgment is so affected by his or her
  204  mental illness that he or she the person lacks the capacity to
  205  make a well-reasoned, willful, and knowing decision concerning
  206  his or her medical or mental health treatment.
  207         (18)“Involuntary examination” means an examination
  208  performed under s. 394.463 to determine if an individual
  209  qualifies for involuntary inpatient treatment under s. 394.467
  210  or involuntary outpatient treatment under s. 394.4655.
  211         (19)“Involuntary placement” means involuntary outpatient
  212  treatment pursuant to s. 394.4655 or involuntary inpatient
  213  treatment pursuant to s. 394.467.
  214         (20)(16) “Law enforcement officer” has the same meaning as
  215  provided means a law enforcement officer as defined in s.
  216  943.10.
  217         (21)“Marriage and family therapist” has the same meaning
  218  as provided in s. 491.003.
  219         (22)“Mental health counselor” has the same meaning as
  220  provided in s. 491.003.
  221         (23)(17) “Mental health overlay program” means a mobile
  222  service that which provides an independent examination for
  223  voluntary admission admissions and a range of supplemental
  224  onsite services to an individual who has persons with a mental
  225  illness in a residential setting such as a nursing home,
  226  assisted living facility, adult family-care home, or a
  227  nonresidential setting such as an adult day care center.
  228  Independent examinations provided pursuant to this part through
  229  a mental health overlay program must only be provided only under
  230  contract with the department for this service or be attached to
  231  a public receiving facility that is also a community mental
  232  health center.
  233         (24)(18) “Mental illness” means an impairment of the mental
  234  or emotional processes that exercise conscious control of one's
  235  actions or of the ability to perceive or understand reality,
  236  which impairment substantially interferes with the a person's
  237  ability to meet the ordinary demands of living, regardless of
  238  etiology. For the purposes of this part, the term does not
  239  include a retardation or developmental disability as defined in
  240  chapter 393, intoxication, brain injury, dementia, or conditions
  241  manifested only by antisocial behavior or substance abuse
  242  impairment.
  243         (25)(19) “Mobile crisis response service” means a
  244  nonresidential crisis service attached to a public receiving
  245  facility and available 24 hours a day, 7 days a week, through
  246  which provides immediate intensive assessments and
  247  interventions, including screening for admission into a
  248  receiving facility, take place for the purpose of identifying
  249  appropriate treatment services.
  250         (20)“Patient” means any person who is held or accepted for
  251  mental health treatment.
  252         (26)(21) “Physician” means a medical practitioner licensed
  253  under chapter 458 or chapter 459 who has experience in the
  254  diagnosis and treatment of mental and nervous disorders or a
  255  physician employed by a facility operated by the United States
  256  Department of Veterans Affairs or the United States Department
  257  of Defense which qualifies as a receiving or treatment facility
  258  under this part.
  259         (27)Physician assistant” means a person licensed as a
  260  physician assistant under chapter 458 or chapter 459.
  261         (28)(22) “Private facility” means any hospital or facility
  262  operated by a for-profit or not-for-profit corporation or
  263  association that provides mental health services and is not a
  264  public facility.
  265         (29)(23) “Psychiatric nurse” means an advanced a registered
  266  nurse practitioner licensed under part I of chapter 464 who has
  267  a national advanced practice certification from an approved
  268  nursing specialty board and a collaborative practice agreement
  269  with a psychiatrist on file with the Board of Nursing master's
  270  degree or a doctorate in psychiatric nursing and 2 years of
  271  post-master's clinical experience under the supervision of a
  272  physician.
  273         (30)(24) “Psychiatrist” means a medical practitioner
  274  licensed under chapter 458 or chapter 459 who has primarily
  275  diagnosed and treated mental and nervous disorders for a period
  276  of not less than 3 years, inclusive of psychiatric residency.
  277         (31)(25) “Public facility” means any facility that has
  278  contracted with the department to provide mental health services
  279  to all individuals persons, regardless of their ability to pay,
  280  and is receiving state funds for such purpose.
  281         (32)(26) “Receiving facility” means any public or private
  282  facility expressly designated by the department to receive and
  283  hold individuals involuntarily involuntary patients under
  284  emergency conditions or for psychiatric evaluation and to
  285  provide short-term treatment. The term does not include a county
  286  jail.
  287         (33)(27) “Representative” means a person selected pursuant
  288  to s. 394.4597(2) to receive notice of proceedings during the
  289  time a patient is held in or admitted to a receiving or
  290  treatment facility.
  291         (34)(28)(a) “Restraint” means a physical device, method, or
  292  drug used to control behavior.
  293         (a) A physical restraint is any manual method or physical
  294  or mechanical device, material, or equipment attached or
  295  adjacent to an the individual's body so that he or she cannot
  296  easily remove the restraint and which restricts freedom of
  297  movement or normal access to one's body.
  298         (b) A drug used as a restraint is a medication used to
  299  control an individual’s the person's behavior or to restrict his
  300  or her freedom of movement and is not part of the standard
  301  treatment regimen for an individual having of a person with a
  302  diagnosed mental illness who is a client of the department.
  303  Physically holding an individual a person during a procedure to
  304  forcibly administer psychotropic medication is a physical
  305  restraint.
  306         (c) Restraint does not include physical devices, such as
  307  orthopedically prescribed appliances, surgical dressings and
  308  bandages, supportive body bands, or other physical holding when
  309  necessary for routine physical examinations and tests; or for
  310  purposes of orthopedic, surgical, or other similar medical
  311  treatment; when used to provide support for the achievement of
  312  functional body position or proper balance; or when used to
  313  protect an individual a person from falling out of bed.
  314         (35)(29) “Seclusion” means the physical segregation of a
  315  person in any fashion or involuntary isolation of an individual
  316  a person in a room or area from which the individual person is
  317  prevented from leaving. The prevention may be by physical
  318  barrier or by a staff member who is acting in a manner, or who
  319  is physically situated, so as to prevent the individual person
  320  from leaving the room or area. For purposes of this chapter, the
  321  term does not mean isolation due to a person's medical condition
  322  or symptoms.
  323         (36)(30) “Secretary” means the Secretary of Children and
  324  Family Services.
  325         (37)“Service provider” means a public or private receiving
  326  facility, an entity under contract with the department to
  327  provide mental health services, a community mental health center
  328  or clinic, a clinical psychologist, a clinical social worker, a
  329  marriage and family therapist, a mental health counselor, a
  330  physician, or a psychiatric nurse.
  331         (38)(31) “Transfer evaluation” means the process, as
  332  approved by the appropriate district office of the department,
  333  during which an individual whereby a person who is being
  334  considered for placement in a state treatment facility is first
  335  evaluated for appropriateness of admission to a state treatment
  336  the facility by a community-based public receiving facility or
  337  by a community mental health center or clinic if the public
  338  receiving facility is not a community mental health center or
  339  clinic.
  340         (39)(32) “Treatment facility” means a any state-owned,
  341  state-operated, or state-supported hospital, or a community
  342  mental health center, or clinic, designated by the department
  343  for extended treatment and hospitalization of individuals who
  344  have a mental illness, beyond that provided for by a receiving
  345  facility or a, of persons who have a mental illness, including
  346  facilities of the United States Government, and any private
  347  facility designated by the department when rendering such
  348  services to a person pursuant to the provisions of this part.
  349  Patients treated in facilities of the United States Government
  350  shall be solely those whose care is the responsibility of the
  351  United States Department of Veterans Affairs.
  352         (33)“Service provider” means any public or private
  353  receiving facility, an entity under contract with the department
  354  of Children and Family Services to provide mental health
  355  services, a clinical psychologist, a clinical social worker, a
  356  marriage and family therapist, a mental health counselor, a
  357  physician, a psychiatric nurse as defined in subsection (23), or
  358  a community mental health center or clinic as defined in this
  359  part.
  360         (34)“Involuntary examination” means an examination
  361  performed under s. 394.463 to determine if an individual
  362  qualifies for involuntary inpatient treatment under s.
  363  394.467(1) or involuntary outpatient treatment under s.
  364  394.4655(1).
  365         (35)“Involuntary placement” means either involuntary
  366  outpatient treatment pursuant to s. 394.4655 or involuntary
  367  inpatient treatment pursuant to s. 394.467.
  368         (36)“Marriage and family therapist” means a person
  369  licensed as a marriage and family therapist under chapter 491.
  370         (37)“Mental health counselor” means a person licensed as a
  371  mental health counselor under chapter 491.
  372         Section 3. Section 394.457, Florida Statutes, is amended to
  373  read:
  374         394.457 Operation and administration.—
  375         (1) ADMINISTRATION.—The Department of Children and Family
  376  Services is designated the “Mental Health Authority” of Florida.
  377  The department and the Agency for Health Care Administration
  378  shall exercise executive and administrative supervision over all
  379  mental health facilities, programs, and services.
  380         (2) RESPONSIBILITIES OF THE DEPARTMENT.—The department is
  381  responsible for:
  382         (a) The planning, evaluation, and implementation of a
  383  complete and comprehensive statewide program of mental health,
  384  including community services, receiving and treatment
  385  facilities, child services, research, and training as authorized
  386  and approved by the Legislature, based on the annual program
  387  budget of the department. The department is also responsible for
  388  the coordination of efforts with other departments and divisions
  389  of the state government, county and municipal governments, and
  390  private agencies concerned with and providing mental health
  391  services. It is responsible for establishing standards,
  392  providing technical assistance, and supervising exercising
  393  supervision of mental health programs of, and the treatment of
  394  individuals patients at, community facilities, other facilities
  395  serving individuals for persons who have a mental illness, and
  396  any agency or facility providing services under to patients
  397  pursuant to this part.
  398         (b) The publication and distribution of an information
  399  handbook to facilitate the understanding of this part, the
  400  policies and procedures involved in the implementation of this
  401  part, and the responsibilities of the various service providers
  402  of services under this part. The department It shall stimulate
  403  research by public and private agencies, institutions of higher
  404  learning, and hospitals in the interest of the elimination and
  405  amelioration of mental illness.
  406         (3) POWER TO CONTRACT.—The department may contract to
  407  provide, and be provided with, services and facilities in order
  408  to carry out its responsibilities under this part with respect
  409  to the following agencies: public and private hospitals;
  410  receiving and treatment facilities; clinics; laboratories;
  411  departments, divisions, and other units of state government; the
  412  state colleges and universities; the community colleges; private
  413  colleges and universities; counties, municipalities, and any
  414  other political subdivisions governmental unit, including
  415  facilities of the United States Government; and any other public
  416  or private entity that which provides or needs facilities or
  417  services. Baker Act funds for community inpatient, crisis
  418  stabilization, short-term residential treatment, and screening
  419  services under this part must be allocated to each county
  420  pursuant to the department's funding allocation methodology.
  421  Notwithstanding the provisions of s. 287.057(5)(f), contracts
  422  for community-based Baker Act services for inpatient, crisis
  423  stabilization, short-term residential treatment, and screening
  424  provided under this part, other than those with other units of
  425  government, to be provided for the department must be awarded
  426  using competitive solicitation if sealed bids when the county
  427  commission of the county receiving the services makes a request
  428  to the department's circuit district office by January 15 of the
  429  contracting year. The office may district shall not enter into a
  430  competitively bid contract under this provision if such action
  431  will result in increases of state or local expenditures for
  432  Baker Act services within the circuit district. Contracts for
  433  these Baker Act services using competitive solicitation are
  434  sealed bids will be effective for 3 years. The department shall
  435  adopt rules establishing minimum standards for such contracted
  436  services and facilities and shall make periodic audits and
  437  inspections to assure that the contracted services are provided
  438  and meet the standards of the department.
  439         (4) APPLICATION FOR AND ACCEPTANCE OF GIFTS AND GRANTS.—The
  440  department may apply for and accept any funds, grants, gifts, or
  441  services made available to it by any agency or department of the
  442  Federal Government or any other public or private agency or
  443  person individual in aid of mental health programs. All such
  444  moneys must shall be deposited in the State Treasury and shall
  445  be disbursed as provided by law.
  446         (5) RULES.—The department shall adopt rules:
  447         (a) The department shall adopt rules Establishing forms and
  448  procedures relating to the rights and privileges of individuals
  449  patients seeking mental health treatment from facilities under
  450  this part.
  451         (b) The department shall adopt rules Necessary for the
  452  implementation and administration of the provisions of this
  453  part., and A program subject to the provisions of this part may
  454  shall not be permitted to operate unless rules designed to
  455  ensure the protection of the health, safety, and welfare of the
  456  individuals patients treated under through such program have
  457  been adopted. Such rules adopted under this subsection must
  458  include provisions governing the use of restraint and seclusion
  459  which are consistent with recognized best practices and
  460  professional judgment; prohibit inherently dangerous restraint
  461  or seclusion procedures; establish limitations on the use and
  462  duration of restraint and seclusion; establish measures to
  463  ensure the safety of program participants and staff during an
  464  incident of restraint or seclusion; establish procedures for
  465  staff to follow before, during, and after incidents of restraint
  466  or seclusion; establish professional qualifications of and
  467  training for staff who may order or be engaged in the use of
  468  restraint or seclusion; and establish mandatory reporting, data
  469  collection, and data dissemination procedures and requirements.
  470  Such rules adopted under this subsection must require that each
  471  instance of the use of restraint or seclusion be documented in
  472  the clinical record of the individual who has been restrained or
  473  secluded patient.
  474         (c) The department shall adopt rules Establishing minimum
  475  standards for services provided by a mental health overlay
  476  program or a mobile crisis response service.
  477         (6) PERSONNEL.—
  478         (a) The department shall, by rule, establish minimum
  479  standards of education and experience for professional and
  480  technical personnel employed in mental health programs,
  481  including members of a mobile crisis response service.
  482         (b) The department shall design and distribute appropriate
  483  materials for the orientation and training of persons actively
  484  engaged in implementing the provisions of this part relating to
  485  the involuntary examination and placement of individuals persons
  486  who are believed to have a mental illness.
  487         (7) PAYMENT FOR CARE OF PATIENTS.—Fees and fee collections
  488  for individuals receiving treatment or services patients in
  489  state-owned, state-operated, or state-supported treatment
  490  facilities must shall be in accordance with according to s.
  491  402.33.
  492         Section 4. Section 394.4572, Florida Statutes, is amended
  493  to read:
  494         394.4572 Screening of mental health personnel.—
  495         (1)(a) The department and the Agency for Health Care
  496  Administration shall require employment screening for mental
  497  health personnel using the standards for level 2 screening
  498  standards provided in s. 435.04 set forth in chapter 435.
  499  “Mental health personnel” includes all program directors,
  500  professional clinicians, staff members, and volunteers working
  501  in public or private mental health programs and facilities who
  502  have direct contact with individuals held for examination or
  503  admitted for mental health treatment unmarried patients under
  504  the age of 18 years. For purposes of this chapter, employment
  505  screening of mental health personnel shall also include, but is
  506  not limited to, employment screening as provided under chapter
  507  435.
  508         (a)(b) Students in the health care professions who are
  509  interning in a mental health facility licensed under chapter
  510  395, where the primary purpose of the facility is not the
  511  treatment of minors, are exempt from the fingerprinting and
  512  screening requirements if, provided they are under direct
  513  supervision in the actual physical presence of a licensed health
  514  care professional.
  515         (c) Mental health personnel working in a facility licensed
  516  under chapter 395 who have less than 15 hours per week of direct
  517  contact with patients or who are health care professionals
  518  licensed by the Agency for Health Care Administration or a board
  519  thereunder are exempt from the fingerprinting and screening
  520  requirements, except for persons working in mental health
  521  facilities where the primary purpose of the facility is the
  522  treatment of minors.
  523         (b)(d) A volunteer who assists on an intermittent basis for
  524  less than 40 hours per month is exempt from the fingerprinting
  525  and screening requirements if, provided the volunteer is under
  526  direct and constant supervision by persons who meet the
  527  screening requirements of this section paragraph (a).
  528         (2) The department or the Agency for Health Care
  529  Administration may grant exemptions from disqualification as
  530  provided in s. 435.07 435.06.
  531         (3) Prospective mental health personnel who have previously
  532  been fingerprinted or screened pursuant to this chapter, chapter
  533  393, chapter 397, chapter 402, or chapter 409, or teachers who
  534  have been fingerprinted pursuant to chapter 1012, who have not
  535  been unemployed for more than 90 days thereafter, and who under
  536  the penalty of perjury attest to the completion of such
  537  fingerprinting or screening and to compliance with the
  538  provisions of this section and the standards for level 1
  539  screening under contained in chapter 435, are shall not be
  540  required to be refingerprinted or rescreened in order to comply
  541  with the any screening requirements of this part.
  542         Section 5. Section 394.4573, Florida Statutes, is amended
  543  to read:
  544         394.4573 Continuity of care management system; measures of
  545  performance; reports.—
  546         (1) For the purposes of this section:
  547         (a) “Case management” means those activities aimed at
  548  assessing the client needs, planning services, linking the
  549  service system to a client, coordinating the various system
  550  components, monitoring service delivery, and evaluating the
  551  effect of service delivery for individuals eligible for publicly
  552  funded mental health services.
  553         (b) “Case manager” means a person an individual who works
  554  with individuals who are eligible for publicly funded mental
  555  health services clients, and their families and significant
  556  others, to provide case management.
  557         (c) “Client manager” means an employee of the department
  558  who is assigned to specific provider agencies and geographic
  559  areas to ensure that the full range of needed services is
  560  available to individuals who are eligible for publicly funded
  561  mental health services clients.
  562         (d) “Continuity of care management system” means a system
  563  that assures, within available resources, that individuals who
  564  are eligible for publicly funded mental health services clients
  565  have access to the full array of services within the mental
  566  health services delivery system.
  567         (2) The department shall is directed to implement a
  568  continuity of care management system for the provision of mental
  569  health care, through the provision of client and case
  570  management, including individuals clients referred from state
  571  treatment facilities to community mental health facilities. Such
  572  system must shall include a statewide network of client managers
  573  and case managers throughout the state designed to:
  574         (a) Reduce the possibility of an individual’s a client's
  575  admission or readmission to a state treatment facility.
  576         (b) Provide for the creation or designation of an agency in
  577  each county to provide single intake services for each
  578  individual person seeking mental health services. Such agency
  579  shall provide information and referral services necessary to
  580  ensure that such individuals clients receive the most
  581  appropriate and least restrictive form of care, based on the
  582  individual’s individual needs of the person seeking treatment.
  583  Such agency shall have a single telephone number, operating 24
  584  hours per day, 7 days per week, if where practicable, at a
  585  central location, where each individual receiving mental health
  586  services has client will have a client central record.
  587         (c) Advocate on behalf of the individual receiving mental
  588  health services client to ensure that all appropriate services
  589  are provided afforded to the client in a timely and dignified
  590  manner.
  591         (d) Require a that any public receiving facility initiating
  592  an individual's a patient transfer to a licensed hospital for
  593  acute care mental health services not accessible through the
  594  public receiving facility to shall notify the hospital of the
  595  such transfer and send all records relating to the emergency
  596  psychiatric or medical condition.
  597         (3) The department shall is directed to develop and include
  598  performance measures in contracts with service providers
  599  relating to measures of performance with regard to goals and
  600  objectives as specified in the state plan. Such measures shall
  601  use, To the extent practical, such measures must use existing
  602  data collection methods and reports and may shall not require,
  603  as a result of this subsection, additional reports on the part
  604  of service providers. The department shall plan monitoring
  605  visits of community mental health facilities with other state,
  606  federal, and local governmental and private agencies charged
  607  with monitoring such facilities.
  608         (4) The department is directed to submit a report to the
  609  Legislature, prior to April 1 of each year, outlining
  610  departmental progress towards the implementation of the minimum
  611  staffing patterns' standards in state mental health treatment
  612  facilities. The report shall contain, by treatment facility,
  613  information regarding goals and objectives and departmental
  614  performance toward meeting each such goal and objective.
  615         Section 6. Paragraph (a) of subsection (2) and subsection
  616  (3) of section 394.4574, Florida Statutes, are amended to read:
  617         394.4574 Department responsibilities for a mental health
  618  resident who resides in an assisted living facility that holds a
  619  limited mental health license.—
  620         (2) The department shall must ensure that:
  621         (a) A mental health resident has been assessed by a
  622  psychiatrist, clinical psychologist, clinical social worker, or
  623  psychiatric nurse, or an individual who is supervised by one of
  624  these professionals, and determined to be appropriate to reside
  625  in an assisted living facility. The documentation must be
  626  provided to the administrator of the facility within 30 days
  627  after the mental health resident has been admitted to the
  628  facility. An evaluation completed upon discharge from a state
  629  mental health treatment facility hospital meets the requirements
  630  of this subsection related to appropriateness for placement as a
  631  mental health resident if it was completed within 90 days before
  632  prior to admission to the facility.
  633         (3) The secretary of Children and Family Services, in
  634  consultation with the Agency for Health Care Administration,
  635  shall annually require each circuit district administrator to
  636  develop, with community input, detailed plans that demonstrate
  637  how the circuit district will ensure the provision of state
  638  funded mental health and substance abuse treatment services to
  639  residents of assisted living facilities that hold a limited
  640  mental health license. These plans must be consistent with the
  641  substance abuse and mental health circuit district plan
  642  developed pursuant to s. 394.75 and must address case management
  643  services; access to consumer-operated drop-in centers; access to
  644  services during evenings, weekends, and holidays; supervision of
  645  the clinical needs of the residents; and access to emergency
  646  psychiatric care.
  647         Section 7. Subsection (1) of section 394.458, Florida
  648  Statutes, is amended to read:
  649         394.458 Introduction or removal of certain articles
  650  unlawful; penalty.—
  651         (1)(a) Except as authorized by law or as specifically
  652  authorized by the person in charge of a receiving or treatment
  653  facility each hospital providing mental health services under
  654  this part, it is unlawful to:
  655         (a) Introduce into or upon the grounds of such facility
  656  hospital, or to take or attempt to take or send from the
  657  facility therefrom, any of the following articles, which are
  658  hereby declared to be contraband for the purposes of this
  659  section:
  660         1. An Any intoxicating beverage or beverage that which
  661  causes or may cause an intoxicating effect;
  662         2. A Any controlled substance as defined in chapter 893; or
  663         3. A firearm Any firearms or deadly weapon.
  664         (b) It is unlawful to Transmit to, or attempt to transmit
  665  to, or cause or attempt to cause to be transmitted to, or
  666  received by, any individual receiving mental health services
  667  from a receiving or treatment facility patient of any hospital
  668  providing mental health services under this part any article or
  669  thing declared by this section to be contraband, at any place
  670  which is outside of the grounds of such facility hospital,
  671  except as authorized by law or as specifically authorized by the
  672  person in charge of such hospital.
  673         Section 8. Section 394.459, Florida Statutes, is amended to
  674  read:
  675         394.459 Rights of individuals receiving treatment and
  676  services patients.—
  677         (1) RIGHT TO INDIVIDUAL DIGNITY.—It is the policy of this
  678  state that the individual dignity of all individuals held for
  679  examination or admitted for mental health treatment the patient
  680  shall be respected at all times and upon all occasions,
  681  including any occasion when the individual patient is taken into
  682  custody, held, or transported. Procedures, facilities, vehicles,
  683  and restraining devices used utilized for criminals or those
  684  accused of a crime may shall not be used in connection with
  685  individuals persons who have a mental illness, except for the
  686  protection of that individual the patient or others. Individuals
  687  Persons who have a mental illness but who are not charged with a
  688  criminal offense may shall not be detained or incarcerated in
  689  the jails of this state. An individual A person who is receiving
  690  treatment for mental illness may shall not be deprived of any
  691  constitutional rights. However, if such individual a person is
  692  adjudicated incapacitated, his or her rights may be limited to
  693  the same extent that the rights of any incapacitated person are
  694  limited by law.
  695         (2) RIGHT TO TREATMENT.—Each individual held for
  696  examination or admitted for mental health treatment:
  697         (a) May A person shall not be denied treatment for mental
  698  illness and services may shall not be delayed at a receiving or
  699  treatment facility because of inability to pay. However, every
  700  reasonable effort to collect appropriate reimbursement for the
  701  cost of providing mental health services from individuals to
  702  persons able to pay for services, including insurance or third
  703  party payers payments, shall be made by facilities providing
  704  services under pursuant to this part.
  705         (b) Shall be provided It is further the policy of the state
  706  that the least restrictive appropriate available treatment, be
  707  utilized based on the individual’s individual needs and best
  708  interests of the patient, and consistent with the optimum
  709  improvement of the individual’s patient's condition.
  710         (c) Each person Who remains at a receiving or treatment
  711  facility for more than 12 hours, shall be given a physical
  712  examination by a health practitioner, authorized by law to give
  713  such examinations, and an evaluation by a psychiatrist, within
  714  24 hours after arrival at such facility. The physical
  715  examination and psychiatric evaluation must be documented in the
  716  clinical record.
  717         (d) Every patient in a facility Shall be afforded the
  718  opportunity to participate in activities designed to enhance
  719  self-image and the beneficial effects of other treatments, as
  720  determined by the facility.
  721         (e) Not more than 5 days after admission to a facility,
  722  each patient Shall have and receive an individualized treatment
  723  plan in writing, which the individual patient has had an
  724  opportunity to assist in preparing and to review prior to its
  725  implementation, within 5 days after admission to a facility. The
  726  plan must shall include a space for the individual’s patient's
  727  comments.
  728         (3) RIGHT TO EXPRESS AND INFORMED PATIENT CONSENT.—
  729         (a)1. Each individual patient entering treatment shall be
  730  asked to give express and informed consent for admission or
  731  treatment.
  732         1. If the individual patient has been adjudicated
  733  incapacitated or found to be incompetent to consent to
  734  treatment, express and informed consent must to treatment shall
  735  be sought instead from his or her the patient's guardian or
  736  guardian advocate. If the individual patient is a minor, express
  737  and informed consent for admission or treatment must be obtained
  738  shall also be requested from the patient's guardian. Express and
  739  informed consent for admission or treatment of a patient under
  740  18 years of age shall be required from the minor’s patient's
  741  guardian, unless the minor is seeking outpatient crisis
  742  intervention services under s. 394.4784. Express and informed
  743  consent for admission or treatment given by a patient who is
  744  under 18 years of age shall not be a condition of admission when
  745  the patient's guardian gives express and informed consent for
  746  the patient's admission pursuant to s. 394.463 or s. 394.467.
  747         2. Before giving express and informed consent, the
  748  following information shall be provided and explained in plain
  749  language to the individual patient, or to his or her the
  750  patient's guardian if the individual patient is 18 years of age
  751  or older and has been adjudicated incapacitated, or to his or
  752  her the patient's guardian advocate if the individual patient
  753  has been found to be incompetent to consent to treatment, or to
  754  both the individual patient and the guardian if the individual
  755  patient is a minor: the reason for admission or treatment; the
  756  proposed treatment; the purpose of the treatment to be provided;
  757  the common risks, benefits, and side effects thereof; the
  758  specific dosage range for the medication, when applicable;
  759  alternative treatment modalities; the approximate length of
  760  care; the potential effects of stopping treatment; how treatment
  761  will be monitored; and that any consent given for treatment may
  762  be revoked orally or in writing before or during the treatment
  763  period by the individual receiving the treatment patient or by a
  764  person who is legally authorized to make health care decisions
  765  on the individual’s behalf of the patient.
  766         (b) Before performing a medical procedure In the case of
  767  medical procedures requiring the use of a general anesthetic or
  768  electroconvulsive treatment, and prior to performing the
  769  procedure, express and informed consent must shall be obtained
  770  from the individual subject to the procedure patient if the
  771  individual patient is legally competent, from the guardian of a
  772  minor patient, from the guardian of an individual a patient who
  773  has been adjudicated incapacitated, or from the individual’s
  774  guardian advocate of the patient if the guardian advocate has
  775  been given express court authority to consent to medical
  776  procedures or electroconvulsive treatment as provided under s.
  777  394.4598.
  778         (c) If When the department is the legal guardian of a
  779  patient, or is the custodian of an individual a patient whose
  780  physician is unwilling to perform a medical procedure, including
  781  an electroconvulsive treatment, based solely on the individual’s
  782  patient's consent and whose guardian or guardian advocate is
  783  unknown or unlocatable, the court shall hold a hearing to
  784  determine the medical necessity of the medical procedure. The
  785  individual subject to the procedure must patient shall be
  786  physically present, unless his or her the patient's medical
  787  condition precludes such presence, represented by counsel, and
  788  provided the right and opportunity to be confronted with, and to
  789  cross-examine, all witnesses alleging the medical necessity of
  790  such procedure. In such proceedings, the burden of proof by
  791  clear and convincing evidence is shall be on the party alleging
  792  the medical necessity of the procedure.
  793         (d) The administrator of a receiving or treatment facility
  794  may, upon the recommendation of an individual’s the patient's
  795  attending physician, authorize emergency medical treatment,
  796  including a surgical procedure, if such treatment is deemed
  797  lifesaving, or if the situation threatens serious bodily harm to
  798  the individual patient, and the permission of the individual
  799  patient or his or her the patient's guardian or guardian
  800  advocate cannot be obtained.
  801         (4) QUALITY OF TREATMENT.—
  802         (a) Each individual held for examination or admitted for
  803  mental health treatment, or receiving involuntary outpatient
  804  treatment patient shall receive services, including, for a
  805  patient placed under s. 394.4655, shall receive those services
  806  that are included in the court order which are suited to his or
  807  her needs, and which shall be administered skillfully, safely,
  808  and humanely with full respect for the individual’s patient's
  809  dignity and personal integrity. Each individual must patient
  810  shall receive such medical, vocational, social, educational, and
  811  rehabilitative services as his or her condition requires in
  812  order to live successfully in the community. In order to achieve
  813  this goal, the department shall is directed to coordinate its
  814  mental health programs with all other programs of the department
  815  and other state agencies.
  816         (b) Facilities shall develop and maintain, in a form
  817  accessible to and readily understandable by individuals held for
  818  examination or admitted for mental health treatment, patients
  819  and consistent with rules adopted by the department, the
  820  following:
  821         1. Criteria, procedures, and required staff training for
  822  the any use of close or elevated levels of supervision;, of
  823  restraint, seclusion, or isolation;, or of emergency treatment
  824  orders;, and for the use of bodily control and physical
  825  management techniques.
  826         2. Procedures for documenting, monitoring, and requiring
  827  clinical review of all uses of the procedures described in
  828  subparagraph 1. and for documenting and requiring review of any
  829  incidents resulting in injury to individuals receiving services
  830  patients.
  831         3. A system for investigating, tracking, managing, and
  832  responding to complaints by individuals persons receiving
  833  services or persons individuals acting on their behalf.
  834         4.Procedures for reporting events that place individuals
  835  receiving services at risk of harm. Such events must be reported
  836  to the department in accordance with department operating
  837  procedures after discovery and include, but are not limited to:
  838         a.An individual whose life terminates due to a natural,
  839  unnatural, expected, or unexpected cause while in the facility
  840  or within 72 hours after release.
  841         b.An injury sustained, or allegedly sustained, due to an
  842  accident, act of abuse, neglect, or suicide attempt requiring
  843  medical treatment by a licensed health care practitioner in an
  844  acute care medical facility.
  845         c.The unauthorized absence of an individual in the care of
  846  a facility under this part.
  847         d.An unusual occurrence or circumstance precipitated by
  848  something uncommon, abnormal, or out of the ordinary, such as a
  849  tornado, kidnapping, riot, or hostage situation that jeopardizes
  850  the health, safety, or welfare of the individual.
  851         e.An allegation of sexual battery upon the individual.
  852         (c) A facility may not use seclusion or restraint for
  853  punishment, to compensate for inadequate staffing, or for the
  854  convenience of staff. Facilities shall ensure that all staff are
  855  made aware of these restrictions on the use of seclusion and
  856  restraint and shall make and maintain records that which
  857  demonstrate that this information has been conveyed to each
  858  individual staff member members.
  859         (5) COMMUNICATION, ABUSE REPORTING, AND VISITS.—
  860         (a) Each individual held for examination or admitted for
  861  mental health treatment person receiving services in a facility
  862  providing mental health services under this part has the right
  863  to communicate freely and privately with persons outside the
  864  facility unless it is determined that such communication is
  865  likely to be harmful to the individual person or others. Each
  866  facility shall make available as soon as reasonably possible to
  867  persons receiving services a telephone that allows for free
  868  local calls and access to a long-distance service available to
  869  the individual as soon as reasonably possible. A facility is not
  870  required to pay the costs of the individual’s a patient's long
  871  distance calls. The telephone must shall be readily accessible
  872  to the patient and shall be placed so that the individual
  873  patient may use it to communicate privately and confidentially.
  874  The facility may establish reasonable rules for the use of this
  875  telephone which, provided that the rules do not interfere with
  876  an individual’s a patient's access to a telephone to report
  877  abuse pursuant to paragraph (e).
  878         (b) Each individual patient admitted to a facility under
  879  the provisions of this part shall be allowed to receive, send,
  880  and mail sealed, unopened correspondence; and the individual’s
  881  no patient's incoming or outgoing correspondence may not shall
  882  be opened, delayed, held, or censored by the facility unless
  883  there is reason to believe that it contains items or substances
  884  that are which may be harmful to the individual patient or
  885  others, in which case the administrator may direct reasonable
  886  examination of such mail and may regulate the disposition of
  887  such items or substances.
  888         (c) Each facility shall allow must permit immediate access
  889  to an individual held for examination or admitted for mental
  890  health treatment any patient, subject to the patient's right to
  891  deny or withdraw consent at any time, by the individual, or by
  892  the individual's patient's family members, guardian, guardian
  893  advocate, representative, Florida statewide or local advocacy
  894  council, or attorney, unless such access would be detrimental to
  895  the individual patient. If the a patient's right to communicate
  896  or to receive visitors is restricted by the facility, written
  897  notice of such restriction and the reasons for the restriction
  898  shall be served on the individual and patient, the individual’s
  899  patient's attorney, and the patient's guardian, guardian
  900  advocate, or representative,; and such restriction, and the
  901  reasons for the restriction, must shall be recorded in on the
  902  patient's clinical record with the reasons therefor. The
  903  restriction must of a patient's right to communicate or to
  904  receive visitors shall be reviewed at least every 7 days. The
  905  right to communicate or receive visitors may shall not be
  906  restricted as a means of punishment. Nothing in This paragraph
  907  does not shall be construed to limit the provisions of paragraph
  908  (d).
  909         (d) Each facility shall establish reasonable rules
  910  governing visitors, visiting hours, and the use of telephones by
  911  individuals held for examination or admitted for mental health
  912  treatment patients in the least restrictive possible manner. An
  913  individual has Patients shall have the right to contact and to
  914  receive communication from their attorneys at any reasonable
  915  time.
  916         (e) Each individual held for examination or admitted for
  917  patient receiving mental health treatment in any facility shall
  918  have ready access to a telephone in order to report an alleged
  919  abuse. The facility staff shall orally and in writing inform
  920  each individual patient of the procedure for reporting abuse and
  921  shall make every reasonable effort to present the information in
  922  a language the individual patient understands. A written copy of
  923  that procedure, including the telephone number of the central
  924  abuse hotline and reporting forms, must shall be posted in plain
  925  view.
  926         (f) The department shall adopt rules providing a procedure
  927  for reporting abuse. Facility staff shall be required, as a
  928  condition of employment, must to become familiar with the
  929  requirements and procedures for the reporting of abuse.
  930         (6) CARE AND CUSTODY OF PERSONAL EFFECTS OF PATIENTS.—The
  931  rights of an individual held for examination or admitted for
  932  mental health treatment A patient's right to the possession of
  933  his or her clothing and personal effects shall be respected. The
  934  facility may take temporary custody of such effects if when
  935  required for medical and safety reasons. The A patient's
  936  clothing and personal effects shall be inventoried upon their
  937  removal into temporary custody. Copies of this inventory shall
  938  be given to the individual patient and to his or her the
  939  patient's guardian, guardian advocate, or representative and
  940  shall be recorded in the patient's clinical record. This
  941  inventory may be amended upon the request of the individual
  942  patient or his or her the patient's guardian, guardian advocate,
  943  or representative. The inventory and any amendments to it must
  944  be witnessed by two members of the facility staff and by the
  945  individual patient, if he or she is able. All of the a patient's
  946  clothing and personal effects held by the facility must shall be
  947  returned to the individual patient immediately upon his or her
  948  the discharge or transfer of the patient from the facility,
  949  unless such return would be detrimental to the individual
  950  patient. If personal effects are not returned to the patient,
  951  the reason must be documented in the clinical record along with
  952  the disposition of the clothing and personal effects, which may
  953  be given instead to the individual’s patient's guardian,
  954  guardian advocate, or representative. As soon as practicable
  955  after an emergency transfer of a patient, the individual’s
  956  patient's clothing and personal effects shall be transferred to
  957  the individual’s patient's new location, together with a copy of
  958  the inventory and any amendments, unless an alternate plan is
  959  approved by the individual patient, if he or she is able, and by
  960  his or her the patient's guardian, guardian advocate, or
  961  representative.
  962         (7) VOTING IN PUBLIC ELECTIONS.—An individual held for
  963  examination or admitted for mental health treatment A patient
  964  who is eligible to vote according to the laws of the state has
  965  the right to vote in the primary and general elections. The
  966  department shall establish rules to enable such individuals
  967  patients to obtain voter registration forms, applications for
  968  absentee ballots, and absentee ballots.
  969         (8) HABEAS CORPUS.—
  970         (a) At any time, and without notice, an individual a person
  971  held for examination in a receiving or treatment facility, or a
  972  relative, friend, guardian, guardian advocate, representative,
  973  or attorney, or the department, on behalf of such individual
  974  person, may petition for a writ of habeas corpus to question the
  975  cause and legality of such detention and request that the court
  976  order a return to the writ in accordance with chapter 79. Each
  977  individual patient held in a facility shall receive a written
  978  notice of the right to petition for a writ of habeas corpus.
  979         (b) At any time, and without notice, an individual admitted
  980  for mental health treatment a person who is a patient in a
  981  receiving or treatment facility, or a relative, friend,
  982  guardian, guardian advocate, representative, or attorney, or the
  983  department, on behalf of such individual person, may file a
  984  petition in the circuit court in the county where the individual
  985  patient is being held alleging that he or she the patient is
  986  being unjustly denied a right or privilege granted herein or
  987  that a procedure authorized herein is being abused. Upon the
  988  filing of such a petition, the court may shall have the
  989  authority to conduct a judicial inquiry and to issue an any
  990  order needed to correct an abuse of the provisions of this part.
  991         (c) The administrator of any receiving or treatment
  992  facility receiving a petition under this subsection shall file
  993  the petition with the clerk of the court on the next court
  994  working day.
  995         (d) A No fee may not shall be charged for the filing of a
  996  petition under this subsection.
  997         (9) VIOLATIONS.—The department shall report to the Agency
  998  for Health Care Administration any violation of the rights or
  999  privileges of individuals patients, or of any procedures
 1000  provided under this part, by any facility or professional
 1001  licensed or regulated by the agency. The agency may is
 1002  authorized to impose any sanction authorized for violation of
 1003  this part, based solely on the investigation and findings of the
 1004  department.
 1005         (10) LIABILITY FOR VIOLATIONS.—Any person who violates or
 1006  abuses the any rights or privileges of individuals held for
 1007  examination or admitted for mental health treatment patients
 1008  provided under by this part is liable for damages as determined
 1009  by law. Any person who acts reasonably, in good faith, and
 1010  without negligence in compliance with the provisions of this
 1011  part is immune from civil or criminal liability for his or her
 1012  actions in connection with the preparation or execution of
 1013  petitions, applications, certificates, reports, or other
 1014  documents initiating admission to a facility or the
 1015  apprehension, detention, transportation, examination, admission,
 1016  diagnosis, treatment, or discharge of an individual a patient to
 1017  or from a facility. However, this section does not relieve any
 1018  person from liability if such person commits negligence.
 1019         (11) RIGHT TO PARTICIPATE IN TREATMENT AND DISCHARGE
 1020  PLANNING.—An individual held for examination or admitted for
 1021  mental health treatment The patient shall have the opportunity
 1022  to participate in treatment and discharge planning and shall be
 1023  notified in writing of his or her right, upon discharge from the
 1024  facility, to seek treatment from the professional or agency of
 1025  the individual’s patient's choice.
 1026         (12)ADVANCE DIRECTIVES.—All receiving and treatment
 1027  facilities and other service providers shall provide information
 1028  concerning advance directives, and assist individuals who are
 1029  competent and willing to complete mental health advance
 1030  directives. Receiving and treatment facilities and service
 1031  providers must honor the advance directive of an individual
 1032  admitted to or served by the facility or provider.
 1033         (13)(12) POSTING OF NOTICE OF RIGHTS OF PATIENTS.—Each
 1034  facility shall post a notice, which lists and describes in
 1035  listing and describing, in the language and terminology that the
 1036  individual persons to whom the notice is addressed can
 1037  understand, the rights provided in this section. This notice
 1038  must shall include a statement that provisions of the federal
 1039  Americans with Disabilities Act apply and the name and telephone
 1040  number of a person to contact for further information. The This
 1041  notice must shall be posted in a place readily accessible to
 1042  patients and in a format easily seen by the individuals served
 1043  patients. The This notice must shall include the telephone
 1044  numbers of the Florida local advocacy council and Advocacy
 1045  Center for Persons with Disabilities, Inc.
 1046         Section 9. Subsections (1), (2), (3), and (4) of section
 1047  394.4593, Florida Statutes, are amended to read:
 1048         394.4593 Sexual misconduct prohibited; reporting required;
 1049  penalties.—
 1050         (1) As used in this section, the term:
 1051         (a) “Employee” includes any paid staff member, volunteer,
 1052  or intern of the department; any person under contract with the
 1053  department; and any person providing care or support to an
 1054  individual a client on behalf of the department or its service
 1055  providers.
 1056         (b) “Sexual activity” means:
 1057         1. Fondling the genital area, groin, inner thighs,
 1058  buttocks, or breasts of an individual a person.
 1059         2. The oral, anal, or vaginal penetration by or union with
 1060  the sexual organ of another or the anal or vaginal penetration
 1061  of another by any other object.
 1062         3. Intentionally touching in a lewd or lascivious manner
 1063  the breasts, genitals, the genital area, or buttocks, or the
 1064  clothing covering them, of an individual a person, or forcing or
 1065  enticing an individual a person to touch the perpetrator.
 1066         4. Intentionally masturbating in the presence of another
 1067  person.
 1068         5. Intentionally exposing the genitals in a lewd or
 1069  lascivious manner in the presence of another individual person.
 1070         6. Intentionally committing any other sexual act that does
 1071  not involve actual physical or sexual contact with another
 1072  individual the victim, including, but not limited to,
 1073  sadomasochistic abuse, sexual bestiality, or the simulation of
 1074  any act involving sexual activity in the presence of the
 1075  individual a victim.
 1076         (c) “Sexual misconduct” means any sexual activity between
 1077  an employee and an individual held for examination or admitted
 1078  for mental health treatment a patient, regardless of the consent
 1079  of that individual the patient. The term does not include an act
 1080  done for a bona fide medical purpose or an internal search
 1081  conducted in the lawful performance of duty by an employee.
 1082         (2) An employee who engages in sexual misconduct with an
 1083  individual a patient who:
 1084         (a) Is in the custody of the department; or
 1085         (b) Resides in a receiving facility or a treatment
 1086  facility, as those terms are defined in s. 394.455,
 1087  
 1088  commits a felony of the second degree, punishable as provided in
 1089  s. 775.082, s. 775.083, or s. 775.084. An employee may be found
 1090  guilty of violating this subsection without having committed the
 1091  crime of sexual battery.
 1092         (3) The consent of an individual held for examination or
 1093  admitted for treatment the patient to the sexual activity is not
 1094  a defense to prosecution under this section.
 1095         (4) This section does not apply to an employee who:
 1096         (a) Is legally married to the individual patient; or
 1097         (b) Has no reason to believe that the person with whom the
 1098  employee engaged in sexual misconduct is an individual a patient
 1099  receiving services as described in subsection (2).
 1100         Section 10. Section 394.4595, Florida Statutes, is amended
 1101  to read:
 1102         394.4595 Florida statewide and local advocacy council
 1103  councils; access to patients and records.—Any facility
 1104  designated by the department as a receiving or treatment
 1105  facility must allow access to any individual held for
 1106  examination or admitted for mental health treatment patient and
 1107  his or her the clinical and legal records of any patient
 1108  admitted pursuant to the provisions of this act by members of
 1109  the Florida statewide and local advocacy councils.
 1110         Section 11. Section 394.4597, Florida Statutes, is amended
 1111  to read:
 1112         394.4597 Persons to be notified; appointment of a patient's
 1113  representative.—
 1114         (1) VOLUNTARY ADMISSION PATIENTS.—At the time an individual
 1115  a patient is voluntarily admitted to a receiving or treatment
 1116  facility, the identity and contact information of the a person
 1117  to be notified in case of an emergency shall be entered in the
 1118  patient's clinical record.
 1119         (2) INVOLUNTARY ADMISSION PATIENTS.—
 1120         (a) At the time an individual a patient is admitted to a
 1121  facility for involuntary examination or placement, or when a
 1122  petition for involuntary placement is filed, the names,
 1123  addresses, and telephone numbers of the individual’s patient's
 1124  guardian or guardian advocate, or representative if he or she
 1125  the patient has no guardian or guardian advocate, and the
 1126  patient's attorney shall be entered in the patient's clinical
 1127  record.
 1128         (a)(b) If the individual patient has no guardian or
 1129  guardian advocate, he or she the patient shall be asked to
 1130  designate a representative. If the individual patient is unable
 1131  or unwilling to designate a representative, the facility shall
 1132  select a representative.
 1133         (b)(c) The individual patient shall be consulted with
 1134  regard to the selection of a representative by the receiving or
 1135  treatment facility and may shall have authority to request that
 1136  the any such representative be replaced.
 1137         (c)(d)If When the receiving or treatment facility selects
 1138  a representative, first preference shall be given to a health
 1139  care surrogate, if one has been previously selected by the
 1140  patient. If the individual patient has not previously selected a
 1141  health care surrogate, the selection, except for good cause
 1142  documented in the patient's clinical record, shall be made from
 1143  the following list in the order of listing:
 1144         1. The individual’s patient's spouse.
 1145         2. An adult child of the individual patient.
 1146         3. A parent of the individual patient.
 1147         4. The adult next of kin of the individual patient.
 1148         5. An adult friend of the individual patient.
 1149         6. The appropriate Florida local advocacy council as
 1150  provided in s. 402.166.
 1151         (d)(e) A licensed professional providing services to the
 1152  individual patient under this part, an employee of a facility
 1153  providing direct services to the individual patient under this
 1154  part, a department employee, a person providing other
 1155  substantial services to the individual patient in a professional
 1156  or business capacity, or a creditor of the individual may
 1157  patient shall not be appointed as the patient's representative.
 1158         (e)The representative selected by the individual or
 1159  designated by the facility has the right, authority, and
 1160  responsibility to:
 1161         1.Receive notice of the individual’s admission;
 1162         2.Receive notice of proceedings affecting the individual;
 1163         3.Have immediate access to the individual unless such
 1164  access is documented to be detrimental to the individual;
 1165         4.Receive notice of any restriction of the individual’s
 1166  right to communicate or receive visitors;
 1167         5.Receive a copy of the inventory of personal effects upon
 1168  the individual’s admission and to request an amendment to the
 1169  inventory at any time;
 1170         6.Receive disposition of the individual’s clothing and
 1171  personal effects if not returned to the individual, or to
 1172  approve an alternate plan;
 1173         7.Petition on behalf of the individual for a writ of
 1174  habeas corpus to question the cause and legality of the
 1175  individual’s detention or to allege that the individual is being
 1176  unjustly denied a right or privilege granted herein, or that a
 1177  procedure authorized herein is being abused;
 1178         8.Apply for a change of venue for the individual’s
 1179  involuntary placement hearing for the convenience of the parties
 1180  or witnesses or because of the individual's condition;
 1181         9.Receive written notice of any restriction of the
 1182  individual’s right to inspect his or her clinical record;
 1183         10.Receive notice of the release of the individual from a
 1184  receiving facility where an involuntary examination was
 1185  performed;
 1186         11.Receive a copy of any petition for the individual’s
 1187  involuntary placement filed with the court; and
 1188         12.Be informed by the court of the individual’s right to
 1189  an independent expert evaluation pursuant to involuntary
 1190  placement procedures.
 1191         Section 12. Section 394.4598, Florida Statutes, is amended
 1192  to read:
 1193         394.4598 Guardian advocate.—
 1194         (1) The administrator may petition the court for the
 1195  appointment of a guardian advocate based upon the opinion of a
 1196  psychiatrist that an individual held for examination or admitted
 1197  for mental health treatment the patient is incompetent to
 1198  consent to treatment. If the court finds that the individual a
 1199  patient is incompetent to consent to treatment and has not been
 1200  adjudicated incapacitated and a guardian having with the
 1201  authority to consent to mental health treatment has not been
 1202  appointed, it shall appoint a guardian advocate. The individual
 1203  patient has the right to have an attorney represent him or her
 1204  at the hearing. If the individual person is indigent, the court
 1205  shall appoint the office of the public defender to represent him
 1206  or her at the hearing. The individual patient has the right to
 1207  testify, cross-examine witnesses, and present witnesses. The
 1208  proceeding must shall be recorded either electronically or
 1209  stenographically, and testimony shall be provided under oath.
 1210  One of the professionals authorized to give an opinion in
 1211  support of a petition for involuntary placement, as described in
 1212  s. 394.4655 or s. 394.467, must testify. The A guardian advocate
 1213  must meet the qualifications of a guardian pursuant to contained
 1214  in part IV of chapter 744., except that A professional providing
 1215  services to the individual under referred to in this part, an
 1216  employee of the facility providing direct services to the
 1217  individual patient under this part, a departmental employee, a
 1218  facility administrator, or a member of the Florida local
 1219  advocacy council may shall not be appointed. A person who is
 1220  appointed as a guardian advocate must agree to the appointment.
 1221         (2) A facility requesting appointment of a guardian
 1222  advocate must, prior to the appointment, provide the prospective
 1223  guardian advocate with information concerning about the duties
 1224  and responsibilities of guardian advocates, including the
 1225  information about the ethics of medical decisionmaking. Before
 1226  asking a guardian advocate to give consent to treatment for an
 1227  individual held for examination or admitted for mental health
 1228  treatment a patient, the facility must shall provide to the
 1229  guardian advocate sufficient information so that the guardian
 1230  advocate can decide whether to give express and informed consent
 1231  to the treatment, including information that the treatment is
 1232  essential to the care of the individual patient, and that the
 1233  treatment does not present an unreasonable risk of serious,
 1234  hazardous, or irreversible side effects. Before giving consent
 1235  to treatment, the guardian advocate must meet and talk with the
 1236  individual patient and the individual’s patient's physician
 1237  face-to-face in person, if at all possible, and by telephone, if
 1238  not. The guardian advocate shall make every effort to make the
 1239  mental health care decision that he or she believes the
 1240  individual would have made under the circumstances if the
 1241  individual were capable of making such decision. The decision of
 1242  the guardian advocate may be reviewed by the court, upon
 1243  petition of the individual’s patient's attorney or, the
 1244  patient's family, or the facility administrator.
 1245         (3) Before Prior to a guardian advocate may exercise
 1246  exercising his or her authority, the guardian advocate must
 1247  shall attend a training course approved by the court. The This
 1248  training course, of not less than 4 hours, must include, at
 1249  minimum, information concerning individual about the patient
 1250  rights, psychotropic medications, diagnosis of mental illness,
 1251  the ethics of medical decisionmaking, and duties of guardian
 1252  advocates. This training course shall take the place of the
 1253  training required for guardians appointed under pursuant to
 1254  chapter 744.
 1255         (4) The information provided to be supplied to prospective
 1256  guardian advocates before prior to their appointment and the
 1257  training course for guardian advocates must be developed and
 1258  completed through a course developed by the department and
 1259  approved by the chief judge of the circuit court and taught by a
 1260  court-approved organization. Court-approved organizations may
 1261  include, but are not limited to, community or junior colleges,
 1262  guardianship organizations, and the local bar association or The
 1263  Florida Bar. The court may, in its discretion, waive some or all
 1264  of the training requirements for guardian advocates or impose
 1265  additional requirements. The court shall make its decision on a
 1266  case-by-case basis and, in making its decision, shall consider
 1267  the experience and education of the guardian advocate, the
 1268  duties assigned to the guardian advocate, and the needs of the
 1269  individual whom the guardian advocate represents patient.
 1270         (5) In selecting a guardian advocate, the court shall give
 1271  preference to a health care surrogate, if one has already been
 1272  designated by the individual held for examination or admitted
 1273  for mental health treatment patient. If the individual patient
 1274  has not previously selected a health care surrogate, except for
 1275  good cause documented in the court record, the selection shall
 1276  be made from the following list in the order of listing:
 1277         (a)  The individual’s patient's spouse.
 1278         (b)  An adult child of the individual patient.
 1279         (c) A parent of the individual patient.
 1280         (d) The adult next of kin of the individual patient.
 1281         (e) An adult friend of the individual patient.
 1282         (f) An adult trained and willing to serve as guardian
 1283  advocate for the individual patient.
 1284         (6) If a guardian having with the authority to consent to
 1285  medical treatment has not already been appointed, or if the
 1286  individual held for examination or admitted for mental health
 1287  treatment patient has not already designated a health care
 1288  surrogate, the court may authorize the guardian advocate to
 1289  consent to medical treatment, as well as mental health
 1290  treatment. Unless otherwise limited by the court, a guardian
 1291  advocate that has with authority to consent to medical treatment
 1292  shall have the same authority to make health care decisions and
 1293  be subject to the same restrictions as a proxy appointed under
 1294  part IV of chapter 765. Unless the guardian advocate has sought
 1295  and received express court approval in proceeding separate from
 1296  the proceeding to determine the competence of the patient to
 1297  consent to medical treatment, the guardian advocate may not
 1298  consent to:
 1299         (a) Abortion.
 1300         (b) Sterilization.
 1301         (c) Electroconvulsive treatment.
 1302         (d) Psychosurgery.
 1303         (e) Experimental treatments that have not been approved by
 1304  a federally approved institutional review board in accordance
 1305  with 45 C.F.R. part 46 or 21 C.F.R. part 56.
 1306  
 1307  The court shall must base its decision on evidence that the
 1308  treatment or procedure is essential to the care of the
 1309  individual patient and that the treatment does not present an
 1310  unreasonable risk of serious, hazardous, or irreversible side
 1311  effects. The court shall follow the procedures set forth in
 1312  subsection (1) of this section.
 1313         (7) The guardian advocate shall be discharged when the
 1314  individual whom he or she represents patient is discharged from
 1315  an order for involuntary outpatient placement or involuntary
 1316  inpatient placement or when the individual patient is
 1317  transferred from involuntary to voluntary status. The court or a
 1318  hearing officer shall consider the competence of the individual
 1319  patient pursuant to subsection (1) and may consider an
 1320  involuntarily placed individual’s patient's competence to
 1321  consent to treatment at any hearing. Upon sufficient evidence,
 1322  the court may restore, or the hearing officer may recommend that
 1323  the court restore, the individual’s patient's competence. A copy
 1324  of the order restoring competence or the certificate of
 1325  discharge containing the restoration of competence shall be
 1326  provided to the individual patient and the guardian advocate.
 1327         Section 13. Section 394.4599, Florida Statutes, is amended
 1328  to read:
 1329         394.4599 Notice.—
 1330         (1) VOLUNTARY ADMISSION PATIENTS.—Notice of an individual’s
 1331  a voluntary patient's admission shall only be given only at the
 1332  individual’s request of the patient, except that in an
 1333  emergency, notice shall be given as determined by the facility.
 1334         (2) INVOLUNTARY ADMISSION PATIENTS.—
 1335         (a) If notice of involuntary admission Whenever notice is
 1336  required to be given under this part, such notice shall be given
 1337  to the individual admitted patient and his or her the patient's
 1338  guardian, guardian advocate, attorney, and representative.
 1339         1. If When notice is required to be given to an individual
 1340  a patient, it shall be given both orally and in writing, in the
 1341  language and terminology that the individual patient can
 1342  understand, and, if needed, the facility shall provide an
 1343  interpreter for the individual patient.
 1344         2. Notice to an individual’s a patient's guardian, guardian
 1345  advocate, attorney, and representative shall be given by United
 1346  States mail and by registered or certified mail with the
 1347  receipts attached to the patient's clinical record. Hand
 1348  delivery by a facility employee may be used as an alternative,
 1349  with delivery documented in the clinical record. If notice is
 1350  given by a state attorney or an attorney for the department, a
 1351  certificate of service is shall be sufficient to document
 1352  service.
 1353         (b) A receiving facility shall give prompt notice of the
 1354  whereabouts of an individual a patient who is being
 1355  involuntarily held for examination to the individual’s guardian
 1356  or representative, by telephone or in person within 24 hours
 1357  after the individual’s patient's arrival at the facility, unless
 1358  the patient requests that no notification be made. Contact
 1359  attempts must shall be documented in the individual’s patient's
 1360  clinical record and shall begin as soon as reasonably possible
 1361  after the individual’s patient's arrival. Notice that an
 1362  individual is being involuntarily held must a patient is being
 1363  admitted as an involuntary patient shall be given to the Florida
 1364  local advocacy council by no later than the next working day
 1365  after the individual patient is admitted.
 1366         (c) The written notice of the filing of the petition for
 1367  the involuntary placement of an individual being held must
 1368  include contain the following:
 1369         1. Notice that the petition has been filed with the circuit
 1370  court in the county in which the individual patient is
 1371  hospitalized and the court’s address of such court.
 1372         2. Notice that the office of the public defender has been
 1373  appointed to represent the individual patient in the proceeding,
 1374  if the individual patient is not otherwise represented by
 1375  counsel.
 1376         3. The date, time, and place of the hearing and the name of
 1377  each examining expert and every other person expected to testify
 1378  in support of continued detention.
 1379         4. Notice that the individual patient, the individual’s
 1380  patient's guardian or representative, or the administrator may
 1381  apply for a change of venue for the convenience of the parties
 1382  or witnesses or because of the individual’s condition of the
 1383  patient.
 1384         5. Notice that the individual patient is entitled to an
 1385  independent expert examination and, if the individual patient
 1386  cannot afford such an examination, that the court will provide
 1387  for one.
 1388         (d) A treatment facility shall provide notice of an
 1389  individual’s a patient's involuntary admission on the next
 1390  regular working day after the individual’s patient's arrival at
 1391  the facility.
 1392         (e) If an individual When a patient is to be transferred
 1393  from one facility to another, notice shall be given by the
 1394  facility where the individual patient is located before prior to
 1395  the transfer.
 1396         Section 14. Section 394.460, Florida Statutes, is repealed.
 1397         Section 15. Section 394.461, Florida Statutes, is amended
 1398  to read:
 1399         394.461 Designation of receiving and treatment facilities.
 1400  The department may is authorized to designate and monitor
 1401  receiving facilities and treatment facilities and may suspend or
 1402  withdraw such designation for failure to comply with this part
 1403  and rules adopted under this part. Only governmental facilities,
 1404  and others Unless designated by the department, may facilities
 1405  are not permitted to hold or treat individuals on an involuntary
 1406  basis patients under this part.
 1407         (1) RECEIVING FACILITY.—The department may designate any
 1408  community facility as a receiving facility. Any other facility
 1409  within the state, including a private facility, as a receiving
 1410  facility if or a federal facility, may be so designated by the
 1411  department, provided that such designation is agreed to by the
 1412  governing body or authority of the facility.
 1413         (2) TREATMENT FACILITY.—The department may designate any
 1414  state-owned, state-operated, or state-supported facility as a
 1415  state treatment facility. An individual may A civil patient
 1416  shall not be admitted to a civil state treatment facility
 1417  without previously undergoing a transfer evaluation. Before a
 1418  court hearing for involuntary placement in a state treatment
 1419  facility, the court shall receive and consider the information
 1420  documented in the transfer evaluation. Any other facility,
 1421  including a private facility or a federal facility, may be
 1422  designated as a treatment facility by the department if,
 1423  provided that such designation is agreed to by the appropriate
 1424  governing body or authority of the facility.
 1425         (3)GOVERNMENTAL FACILITIES.—Governmental facilities may
 1426  provide voluntary and involuntary mental health examination and
 1427  treatment for individuals in their care and custody and must
 1428  protect the rights of these individuals, pursuant to this part.
 1429         (4)(3) PRIVATE FACILITIES.—Private facilities designated as
 1430  receiving and treatment facilities by the department may provide
 1431  examination and treatment of individuals on an of involuntary or
 1432  patients, as well as voluntary basis patients, and are subject
 1433  to all the provisions of this part.
 1434         (5)(4)REPORT.—
 1435         (a) A facility designated as a public receiving or
 1436  treatment facility under this section shall annually report to
 1437  the department on an annual basis the following data to the
 1438  department, unless such these data are currently being submitted
 1439  to the Agency for Health Care Administration:
 1440         1. Number of licensed beds.
 1441         2. Number of contract days.
 1442         3. Number of admissions by payor class and diagnoses.
 1443         4. Number of bed days by payor class.
 1444         5. Average length of stay by payor class.
 1445         6. Total revenues by payor class.
 1446         (b) For the purposes of this subsection, “payor class”
 1447  means Medicare, Medicare HMO, Medicaid, Medicaid HMO, private
 1448  pay health insurance, private-pay health maintenance
 1449  organization, private preferred provider organization, the
 1450  Department of Children and Family Services, other government
 1451  programs, self-pay individuals patients, and charity care.
 1452         (c) The data required under this subsection shall be
 1453  submitted to the department within no later than 90 days after
 1454  following the end of the facility's fiscal year. A facility
 1455  designated as a public receiving or treatment facility shall
 1456  submit its initial report for the 6-month period ending June 30,
 1457  2008.
 1458         (d) The department shall issue an annual report based on
 1459  the data collected required pursuant to this subsection, which
 1460  must. The report shall include individual facilities' data by
 1461  facility, as well as statewide totals. The report shall be
 1462  submitted to the Governor, the President of the Senate, and the
 1463  Speaker of the House of Representatives.
 1464         (6)(5) RULES.—The department shall adopt rules relating to:
 1465         (a) Procedures and criteria for receiving and evaluating
 1466  facility applications for designation as a receiving or
 1467  treatment facility, which may include an onsite facility
 1468  inspection and evaluation of an applicant's licensing status and
 1469  performance history, as well as consideration of local service
 1470  needs.
 1471         (b) Minimum standards consistent with this part that a
 1472  facility must meet and maintain in order to be designated as a
 1473  receiving or treatment facility, and procedures for monitoring
 1474  continued adherence to such standards.
 1475         (c) Procedures for receiving complaints against a
 1476  designated facility and for initiating inspections and
 1477  investigations of facilities alleged to have violated the
 1478  provisions of this part or rules adopted under this part.
 1479         (d) Procedures and criteria for the suspension or
 1480  withdrawal of designation as a receiving or treatment facility.
 1481         Section 16. Section 394.4611, Florida Statutes, is created
 1482  to read:
 1483         394.4611Integrated adult mental health crisis
 1484  stabilization unit and addictions receiving facility services.—
 1485         (1)Beginning July 1, 2009, the Agency for Health Care
 1486  Administration, in consultation with the department, may license
 1487  facilities that integrate services provided in an adult mental
 1488  health crisis stabilization unit with services provided in an
 1489  adult addictions receiving facility. The services provided shall
 1490  be designated as integrated adult mental health crisis
 1491  stabilization unit and addictions receiving facility services,
 1492  and the facility providing these services must be licensed as an
 1493  adult crisis stabilization unit by the agency and must meet the
 1494  license requirements for crisis stabilization units that provide
 1495  these integrated services.
 1496         (2)An integrated adult mental health crisis stabilization
 1497  unit and addictions receiving facility may provide services to
 1498  adults 18 years of age or older who:
 1499         (a)Meet the requirements for voluntary admission for
 1500  mental health treatment under s. 394.4625;
 1501         (b)Meet the criteria for involuntary examination for
 1502  mental illness under s. 394.463;
 1503         (c)Qualify for voluntary admission for substance abuse
 1504  treatment under s. 397.601; or
 1505         (d)Meet the criteria for involuntary admission for
 1506  substance abuse impairment under s. 397.675.
 1507         (3)In consultation with the agency, the department shall
 1508  adopt by rule minimum standards for eligibility; clinical
 1509  procedures; staffing requirements; operational, administrative,
 1510  and financing requirements; and procedures for the investigation
 1511  of complaints. Standards for substance abuse treatment services
 1512  must meet or exceed current standards for addictions receiving
 1513  facilities as adopted by rule.
 1514         Section 17. Section 394.4615, Florida Statutes, is amended
 1515  to read:
 1516         394.4615 Clinical records; confidentiality.—
 1517         (1) A clinical record shall be maintained for each
 1518  individual held for examination or admitted for mental health
 1519  treatment patient. The record must shall include data pertaining
 1520  to admission and such other information as may be required under
 1521  rules of the department. A clinical record is confidential and
 1522  exempt from the provisions of s. 119.07(1). Unless waived by the
 1523  express and informed consent of the individual, by the patient
 1524  or by his or her the patient's guardian or guardian advocate or,
 1525  if the patient is deceased, by his or her the patient's personal
 1526  representative or the family member who stands next in line of
 1527  intestate succession, the confidential status of the clinical
 1528  record is shall not be lost by either authorized or unauthorized
 1529  disclosure to any person, organization, or agency.
 1530         (2) The clinical record of an individual held for
 1531  examination or admitted for mental health treatment shall be
 1532  released if when:
 1533         (a) The individual patient or the individual’s patient's
 1534  guardian or guardian advocate authorizes the release. The
 1535  guardian or guardian advocate shall be provided access to the
 1536  appropriate clinical records of the patient. The individual
 1537  patient or the individual’s patient's guardian or guardian
 1538  advocate may authorize the release of information and clinical
 1539  records to appropriate persons to ensure the continuity of the
 1540  individual’s patient's health care or mental health care.
 1541         (b) The individual patient is represented by counsel and
 1542  the records are needed by such the patient's counsel for
 1543  adequate representation.
 1544         (c) The court orders such release. In determining whether
 1545  there is good cause for disclosure, the court shall weigh the
 1546  need for the information to be disclosed against the possible
 1547  harm of disclosure to the individual person to whom such
 1548  information pertains.
 1549         (d) The individual patient is committed to, or is to be
 1550  returned to, the Department of Corrections from the Department
 1551  of Children and Family Services, and the Department of
 1552  Corrections requests such records. The These records shall be
 1553  furnished without charge to the Department of Corrections.
 1554         (3) Information from the clinical record may be released if
 1555  in the following circumstances:
 1556         (a) The individual When a patient has declared an intention
 1557  to harm other persons. If When such declaration has been made,
 1558  the administrator may authorize the release of sufficient
 1559  information to provide adequate warning to the person threatened
 1560  with harm by the patient.
 1561         (b) When The administrator of the facility or secretary of
 1562  the department deems that release to a qualified researcher as
 1563  defined in administrative rule, an aftercare treatment provider,
 1564  or an employee or agent of the department is necessary for
 1565  treatment of the individual patient, maintenance of adequate
 1566  records, compilation of treatment data, aftercare planning, or
 1567  evaluation of programs.
 1568         (c)Necessary for the purpose of determining whether an
 1569  individual a person meets the criteria for involuntary
 1570  outpatient placement or for preparing the proposed treatment
 1571  plan pursuant to s. 394.4655, the clinical record may be
 1572  released to the state attorney, the public defender or the
 1573  individual’s patient's private legal counsel, the court, and to
 1574  the appropriate mental health professionals, including the
 1575  service provider identified in s. 394.4655(6)(b)
 1576  394.4655(6)(b)2., in accordance with state and federal law.
 1577         (4) Information from clinical records may be used for
 1578  statistical and research purposes if the information is
 1579  abstracted in such a way as to protect the identity of
 1580  individuals served and meets department policy.
 1581         (5) Information from clinical records may be used by the
 1582  Agency for Health Care Administration, the department, and the
 1583  Florida advocacy councils for the purpose of monitoring facility
 1584  activity and complaints concerning facilities.
 1585         (6) Clinical records relating to a Medicaid recipient shall
 1586  be furnished to the Medicaid Fraud Control Unit in the
 1587  Department of Legal Affairs, upon request.
 1588         (7) Any person, agency, or entity receiving information
 1589  pursuant to this section shall maintain such information as
 1590  confidential and exempt from the provisions of s. 119.07(1).
 1591         (8) Any facility or private mental health practitioner who
 1592  acts in good faith in releasing information pursuant to this
 1593  section is not subject to civil or criminal liability for such
 1594  release.
 1595         (9) Nothing in This section does not is intended to
 1596  prohibit the parent or next of kin of an individual a person who
 1597  is held for examination in or admitted for treated under a
 1598  mental health treatment facility or program from requesting and
 1599  receiving information limited to a summary of that individual’s
 1600  person's treatment plan and current physical and mental
 1601  condition. Release of such information must shall be in
 1602  accordance with the code of ethics of the profession involved.
 1603         (10) An individual who is 18 years of age or older Patients
 1604  shall have reasonable access to his or her their clinical
 1605  records, unless such access is determined by the individual’s
 1606  patient's physician to be harmful to the individual patient. If
 1607  the individual’s patient's right to inspect his or her clinical
 1608  record is restricted by the facility, written notice of the such
 1609  restriction must shall be given to the individual patient and to
 1610  his or her the patient's guardian, guardian advocate, attorney,
 1611  and representative. In addition, the restriction must shall be
 1612  recorded in the clinical record, together with the reasons for
 1613  it. The restriction expires of a patient's right to inspect his
 1614  or her clinical record shall expire after 7 days but may be
 1615  renewed, after review, for subsequent 7-day periods.
 1616         (11) Any person who fraudulently alters, defaces, or
 1617  falsifies the clinical record of an individual any person
 1618  receiving mental health services in a facility subject to this
 1619  part, or causes or procures any of these offenses to be
 1620  committed, commits a misdemeanor of the second degree,
 1621  punishable as provided in s. 775.082 or s. 775.083.
 1622         Section 18. Section 394.462, Florida Statutes, is amended
 1623  to read:
 1624         394.462 Transportation.—
 1625         (1) TRANSPORTATION TO A RECEIVING FACILITY.—
 1626         (a) Each county shall designate a single law enforcement
 1627  agency within the county, or portions thereof, to take an
 1628  individual a person into custody upon the entry of an ex parte
 1629  order or the execution of a certificate for involuntary
 1630  examination by an authorized professional and to transport that
 1631  individual person to the nearest receiving facility, excluding a
 1632  governmental facility, for examination. A law enforcement
 1633  officer acting in good faith pursuant to this part may not be
 1634  held criminally or civilly liable for false imprisonment. The
 1635  designated law enforcement agency may decline to transport the
 1636  individual person to a receiving facility only if:
 1637         1. The county or jurisdiction designated by the county has
 1638  contracted on an annual basis with an emergency medical
 1639  transport service or private transport company for
 1640  transportation of individuals persons to receiving facilities
 1641  pursuant to this section at the sole cost of the county.; and
 1642         2. The law enforcement agency and the emergency medical
 1643  transport service or private transport company agree that the
 1644  continued presence of law enforcement personnel is not necessary
 1645  for the safety of the individual being transported person or
 1646  others.
 1647         3. The jurisdiction designated by the county seeks may seek
 1648  reimbursement for transportation expenses. The individual being
 1649  transported is party responsible for payment for such
 1650  transportation is the person receiving the transportation. The
 1651  county shall seek reimbursement from the following sources in
 1652  the following order:
 1653         a. From an insurance company, health care corporation, or
 1654  other source, if the individual being transported person
 1655  receiving the transportation is covered by an insurance policy
 1656  or subscribes to a health care corporation or other source for
 1657  payment of such expenses.
 1658         b. From the individual being transported person receiving
 1659  the transportation.
 1660         c. From a financial settlement for medical care, treatment,
 1661  hospitalization, or transportation payable or accruing to the
 1662  injured party.
 1663         (b) Any company that transports an individual a patient
 1664  pursuant to this subsection is considered an independent
 1665  contractor and is solely liable for the safe and dignified
 1666  transportation of the individual patient. Such company must be
 1667  insured and maintain at least provide no less than $100,000 in
 1668  liability insurance with respect to such the transportation of
 1669  patients.
 1670         (c) Any company that contracts with a governing board of a
 1671  county to transport individuals for examination or treatment
 1672  must patients shall comply with the applicable rules of the
 1673  department to ensure their the safety and dignity of the
 1674  patients.
 1675         (d) If When a law enforcement officer takes custody of an
 1676  individual a person pursuant to this part, the officer may
 1677  request assistance from emergency medical personnel if such
 1678  assistance is needed for the safety of the officer or the
 1679  individual person in custody.
 1680         (e) If When a member of a mental health overlay program or
 1681  a mobile crisis response service is a professional authorized to
 1682  initiate an involuntary examination pursuant to s. 394.463 and
 1683  that professional evaluates an individual a person and
 1684  determines that transportation to a receiving facility is
 1685  needed, the service, at its discretion, may transport the
 1686  individual person to the facility or may call on the law
 1687  enforcement agency or other transportation arrangement best
 1688  suited to the needs of the individual being transported patient.
 1689         (f) If a When any law enforcement officer has custody of an
 1690  individual a person based on either noncriminal or minor
 1691  criminal behavior that meets the statutory guidelines for
 1692  involuntary examination under this part, the law enforcement
 1693  officer shall transport the individual person to the nearest
 1694  receiving facility for examination.
 1695         (g) If a When any law enforcement officer has arrested an
 1696  individual a person for a felony and it appears that the
 1697  individual person meets the statutory guidelines for involuntary
 1698  examination or placement under this part, the individual such
 1699  person shall first be processed in the same manner as any other
 1700  criminal suspect. The law enforcement agency shall thereafter
 1701  immediately notify the nearest public receiving facility, which
 1702  shall be responsible for promptly arranging for the examination
 1703  and treatment of the individual person. A receiving facility is
 1704  not required to admit an individual a person charged with a
 1705  crime for whom the facility determines and documents that it is
 1706  unable to provide adequate security, but shall provide mental
 1707  health examination and treatment to the individual person where
 1708  he or she is held.
 1709         (h) If the appropriate law enforcement officer believes
 1710  that an individual a person has an emergency medical condition
 1711  as defined in s. 395.002, the individual person may be first
 1712  transported to a hospital for emergency medical treatment,
 1713  regardless of whether the hospital is a designated receiving
 1714  facility.
 1715         (i) The costs of transportation, evaluation,
 1716  hospitalization, and treatment incurred under this subsection by
 1717  individuals persons who have been arrested for violations of any
 1718  state law or county or municipal ordinance may be recovered as
 1719  provided in s. 901.35.
 1720         (j) The nearest receiving facility must accept individuals
 1721  persons brought by law enforcement officers for involuntary
 1722  examination.
 1723         (k) If When a jurisdiction has entered into a contract with
 1724  an emergency medical transport service or a private transport
 1725  company for transportation of individuals persons to receiving
 1726  facilities, such service or company shall be given preference
 1727  for transportation of individuals persons from nursing homes,
 1728  assisted living facilities, adult day care centers, or adult
 1729  family-care homes, unless the behavior of the individual person
 1730  being transported is such that transportation by a law
 1731  enforcement officer is necessary.
 1732         (l) Nothing in This section does not shall be construed to
 1733  limit emergency examination and treatment of incapacitated
 1734  individuals persons provided in accordance with the provisions
 1735  of s. 401.445.
 1736         (2) TRANSPORTATION TO A TREATMENT FACILITY.—
 1737         (a) If neither the individual held for examination or
 1738  admitted for mental health treatment or patient nor any person
 1739  legally obligated or responsible for the individual patient is
 1740  not able to pay for the expense of transporting an individual a
 1741  voluntary or involuntary patient to a treatment facility, the
 1742  governing board of the county in which the individual patient is
 1743  hospitalized shall arrange for the such required transportation
 1744  and shall ensure the safe and dignified transportation of the
 1745  individual patient. The governing board of each county may is
 1746  authorized to contract with private transport companies for such
 1747  the transportation of such patients to and from a treatment
 1748  facility.
 1749         (b) Any company that transports an individual a patient
 1750  pursuant to this subsection is considered an independent
 1751  contractor and is solely liable for the safe and dignified
 1752  transportation of the individual patient. Such company must be
 1753  insured and provide at least no less than $100,000 in liability
 1754  insurance for such with respect to the transportation of
 1755  patients.
 1756         (c) Any company that contracts with the governing board of
 1757  a county to transport individuals must patients shall comply
 1758  with the applicable rules of the department to ensure the safety
 1759  and dignity of the individuals transported patients.
 1760         (d) County or municipal law enforcement and correctional
 1761  personnel and equipment may shall not be used to transport
 1762  individuals patients adjudicated incapacitated or found by the
 1763  court to meet the criteria for involuntary placement under
 1764  pursuant to s. 394.467, except in small rural counties where
 1765  there are no cost-efficient alternatives.
 1766         (3) EXCEPTIONS.—An exception to the requirements of this
 1767  section may be granted by the secretary of the department for
 1768  the purposes of improving service coordination or better meeting
 1769  the special needs of individuals. A proposal for an exception
 1770  shall must be submitted to the secretary by the circuit district
 1771  administrator after being approved by the governing board of
 1772  each affected county boards of any affected counties, prior to
 1773  submission to the secretary.
 1774         (a) A proposal for an exception must identify the specific
 1775  provision from which an exception is requested,; describe how
 1776  the proposal will be implemented by participating law
 1777  enforcement agencies and transportation authorities,; and
 1778  provide a plan for the coordination of services such as case
 1779  management.
 1780         (b) An The exception may be granted only for:
 1781         1. An arrangement centralizing and improving the provision
 1782  of services within a circuit district, which may include an
 1783  exception to the requirement for transportation to the nearest
 1784  receiving facility;
 1785         2. An arrangement whereby by which a facility may provide,
 1786  in addition to required psychiatric services, an environment and
 1787  services that which are uniquely tailored to the needs of an
 1788  identified group of individuals who have persons with special
 1789  needs, such as persons who have with hearing impairments or
 1790  visual impairments, or elderly persons who have with physical
 1791  frailties; or
 1792         3. A specialized transportation system that provides an
 1793  efficient and humane method of transporting individuals patients
 1794  to receiving facilities, among receiving facilities, and to
 1795  treatment facilities.
 1796         (c) Any exception approved pursuant to this subsection must
 1797  shall be reviewed and approved every 5 years by the secretary.
 1798         Section 19. Section 394.4625, Florida Statutes, is amended
 1799  to read:
 1800         394.4625 Voluntary admissions.—
 1801         (1) EXAMINATION AND TREATMENT AUTHORITY TO RECEIVE
 1802  PATIENTS.—
 1803         (a) A facility may receive for observation, diagnosis, or
 1804  treatment any individual person 18 years of age or older who
 1805  makes making application by express and informed consent for
 1806  admission or any minor person age 17 or under for whom such
 1807  application is made by his or her guardian.
 1808         1. If found to show evidence of mental illness, to be
 1809  competent to provide express and informed consent, and to be
 1810  suitable for treatment, an individual such person 18 years of
 1811  age or older may be admitted to the facility.
 1812         2. A minor person age 17 or under may be admitted only if
 1813  the minor’s assent has been verified through an independent
 1814  clinical assessment conducted by a professional licensed under
 1815  chapter 458, chapter 459, or chapter 490. Assent must be
 1816  obtained in conjunction with consent from the minor’s guardian.
 1817  The minor’s assent means that the minor has affirmatively agreed
 1818  to stay at the facility for examination and mental health
 1819  treatment. Mere failure to object, absent affirmative agreement,
 1820  is not assent. In determining if the minor assents, the
 1821  examining professional must first provide the minor with an
 1822  explanation of why the minor will be examined and treated, what
 1823  the minor can expect while in the facility, and when the minor
 1824  may expect to be released, in a language that is appropriate to
 1825  the minor's age, experience, maturity, and condition. If assent
 1826  is not verified, a petition for involuntary inpatient placement
 1827  must be filed with the court within 1 working day after
 1828  admission or the minor must be released to his or her guardian
 1829  within 24 hours after admission only after a hearing to verify
 1830  the voluntariness of the consent.
 1831         (b) A mental health overlay program, or a mobile crisis
 1832  response service, or a licensed professional who is authorized
 1833  to initiate an involuntary examination pursuant to s. 394.463
 1834  and is employed by a community mental health center or clinic
 1835  must, pursuant to circuit district procedure approved by the
 1836  respective circuit district administrator, conduct an initial
 1837  assessment of the ability of the following individuals persons
 1838  to give express and informed consent to treatment before such
 1839  individuals persons may be admitted voluntarily:
 1840         1. An individual A person 60 years of age or older for whom
 1841  transfer is being sought from a nursing home, assisted living
 1842  facility, adult day care center, or adult family-care home, if
 1843  when such person has been diagnosed as suffering from dementia.
 1844         2. An individual A person 60 years of age or older for whom
 1845  transfer is being sought from a nursing home pursuant to s.
 1846  400.0255(11) 400.0255(12).
 1847         3. An individual A person for whom all decisions concerning
 1848  medical treatment are currently being lawfully made by a the
 1849  health care surrogate or proxy designated under chapter 765.
 1850         (c) If When an initial assessment of the ability of an
 1851  individual a person to give express and informed consent to
 1852  treatment is required under this section, and a mobile crisis
 1853  response service does not respond to a the request for an
 1854  assessment within 2 hours after the request is made or informs
 1855  the requesting facility that it will not be able to respond
 1856  within 2 hours after the request is made, the requesting
 1857  facility may arrange for assessment by a any licensed
 1858  professional authorized to initiate an involuntary examination
 1859  under pursuant to s. 394.463. The professional may not be who is
 1860  not employed by or under contract with, or and does not have a
 1861  financial interest in, either the facility initiating the
 1862  transfer or the receiving facility to which the transfer may be
 1863  made, and may not have a financial interest in the outcome of
 1864  the assessment.
 1865         (d) A facility may not admit an individual on as a
 1866  voluntary status patient a person who has been adjudicated
 1867  incapacitated, unless the condition of incapacity has been
 1868  judicially removed. If a facility admits an individual on
 1869  voluntary status as a voluntary patient a person who is later
 1870  determined to have been adjudicated incapacitated, and the
 1871  condition of incapacity had not been removed by the time of the
 1872  admission, the facility must either discharge the patient or
 1873  transfer the individual patient to involuntary status.
 1874         (e) The health care surrogate or proxy of an individual on
 1875  a voluntary status patient may not consent to the provision of
 1876  mental health treatment for that individual the patient. An
 1877  individual on voluntary status A voluntary patient who is
 1878  unwilling or unable to provide express and informed consent to
 1879  mental health treatment must either be discharged or transferred
 1880  to involuntary status.
 1881         (f) Within 24 hours after an individual’s voluntary
 1882  admission of a voluntary patient, the admitting physician shall
 1883  document in the patient's clinical record that the individual
 1884  patient is able to give express and informed consent for
 1885  admission. If the individual patient is not able to give express
 1886  and informed consent for admission, the facility must shall
 1887  either discharge the patient or transfer the individual patient
 1888  to involuntary status pursuant to subsection (5).
 1889         (2) DISCHARGE OF VOLUNTARY PATIENTS.—
 1890         (a) A facility shall discharge an individual admitted on a
 1891  voluntary status who patient:
 1892         1. Who Has sufficiently improved so that retention in the
 1893  facility is no longer desirable. The individual A patient may
 1894  also be discharged to the care of a community facility.
 1895         2. Who Has revoked revokes consent to admission or requests
 1896  discharge. The individual A voluntary patient or his or her a
 1897  relative, friend, or attorney of the patient may request
 1898  discharge either orally or in writing at any time following
 1899  admission to the facility. The individual patient must be
 1900  discharged within 24 hours after of the request, unless the
 1901  request is rescinded or the individual patient is transferred to
 1902  involuntary status pursuant to this section. The 24-hour time
 1903  period may be extended by a treatment facility if when necessary
 1904  for adequate discharge planning, but may shall not exceed 3 days
 1905  exclusive of weekends and holidays. If the individual patient,
 1906  or another on his or her the patient's behalf, makes an oral
 1907  request for discharge to a staff member, such request must shall
 1908  be immediately entered in the patient's clinical record. If the
 1909  request for discharge is made by a person other than the
 1910  individual patient, the discharge may be conditioned upon the
 1911  individual’s express and informed consent of the patient.
 1912         (b) An individual on A voluntary status patient who has
 1913  been admitted to a facility and who refuses to consent to or
 1914  revokes consent to treatment must shall be discharged within 24
 1915  hours after such refusal or revocation, unless transferred to
 1916  involuntary status pursuant to this section or unless the
 1917  refusal or revocation is freely and voluntarily rescinded by the
 1918  individual patient.
 1919         (c)An individual on voluntary status who has been charged
 1920  with a crime shall be returned to the custody of a law
 1921  enforcement officer upon discharge from a facility.
 1922         (3) NOTICE OF RIGHT TO DISCHARGE.—At the time of admission
 1923  and at least every 6 months thereafter, an individual on a
 1924  voluntary status patient shall be notified in writing of his or
 1925  her right to apply for a discharge.
 1926         (4) TRANSFER TO VOLUNTARY STATUS.—An individual on
 1927  involuntary status patient who has been certified by a physician
 1928  or psychologist as competent to provide express and informed
 1929  consent and who applies to be transferred to voluntary status
 1930  shall be transferred to voluntary status immediately, unless the
 1931  individual patient has been charged with a crime, or has been
 1932  involuntarily placed for treatment by a court pursuant to s.
 1933  394.467 and continues to meet the criteria for involuntary
 1934  placement. When transfer to voluntary status occurs, notice
 1935  shall be given as provided in s. 394.4599.
 1936         (5) TRANSFER TO INVOLUNTARY STATUS.—If an individual on
 1937  When a voluntary status patient, or an authorized person on the
 1938  individual’s the patient's behalf, makes a request for
 1939  discharge, the request for discharge, unless freely and
 1940  voluntarily rescinded, must be communicated to a physician,
 1941  clinical psychologist, or psychiatrist as quickly as possible,
 1942  but within not later than 12 hours after the request is made. If
 1943  the individual patient meets the criteria for involuntary
 1944  placement, the administrator of the facility must file with the
 1945  court a petition for involuntary placement, within 2 court
 1946  working days after the request for discharge is made. If the
 1947  petition is not filed within 2 court working days, the
 1948  individual must patient shall be discharged. Pending the filing
 1949  of the petition, the individual patient may be held and
 1950  emergency treatment rendered in the least restrictive manner,
 1951  upon the written order of a physician, if it is determined that
 1952  such treatment is necessary for the safety of the individual
 1953  patient or others.
 1954         Section 20. Section 394.463, Florida Statutes, is amended
 1955  to read:
 1956         394.463 Involuntary examination.—
 1957         (1) CRITERIA.—An individual A person may be taken to a
 1958  receiving facility for involuntary examination if there is
 1959  reason to believe that he or she the person has a mental illness
 1960  and because of this his or her mental illness:
 1961         (a)1. The individual person has refused voluntary
 1962  examination after conscientious explanation and disclosure of
 1963  the purpose of the examination; or
 1964         2. The individual person is unable to determine for himself
 1965  or herself whether examination is necessary; and
 1966         (b)1. Without care or treatment, the individual person is
 1967  likely to suffer from neglect or refuse to care for himself or
 1968  herself; such neglect or refusal poses a real and present threat
 1969  of substantial harm to his or her well-being; and it is not
 1970  apparent that such harm may be avoided through the help of
 1971  willing family members or friends or the provision of other
 1972  services; or
 1973         1.2. There is a substantial likelihood that without care or
 1974  treatment the individual person will cause serious bodily harm
 1975  to self himself or herself or others in the near future, as
 1976  evidenced by recent behavior; and.
 1977         2.There are no less restrictive alternatives available.
 1978         (2) INVOLUNTARY EXAMINATION.—
 1979         (a) An involuntary examination may be initiated by any one
 1980  of the following means:
 1981         1. A court may enter an ex parte order stating that an
 1982  individual a person appears to meet the criteria for involuntary
 1983  examination, giving the findings on which that conclusion is
 1984  based. The ex parte order for involuntary examination must be
 1985  based on sworn testimony, written or oral, which includes
 1986  specific facts that support the finding that the criteria have
 1987  been met. Any behavior relied on for the issuance of the ex
 1988  parte order must have occurred within the preceding 14 days. If
 1989  other less restrictive means are not available, such as
 1990  voluntary appearance for outpatient evaluation, A law
 1991  enforcement officer, or other designated agent of the court,
 1992  shall take the individual person into custody and deliver him or
 1993  her to the nearest receiving facility for involuntary
 1994  examination. The order of the court order must shall be made a
 1995  part of the patient's clinical record. A No fee may not shall be
 1996  charged for the filing of an order under this subsection. Any
 1997  receiving facility accepting the individual patient based on the
 1998  this order must send a copy of the order to the Agency for
 1999  Health Care Administration on the next working day. The order is
 2000  shall be valid only until executed or, if not executed, for the
 2001  period specified in the order itself. If a no time limit is not
 2002  specified in the order, the order is shall be valid for 7 days
 2003  after the date it that the order was signed.
 2004         2. A law enforcement officer shall take an individual a
 2005  person who appears to meet the criteria for involuntary
 2006  examination into custody and deliver or arrange for the delivery
 2007  of the individual the person or have him or her delivered to the
 2008  nearest receiving facility for examination. The officer shall
 2009  complete execute a written report detailing the circumstances
 2010  under which the individual person was taken into custody., and
 2011  The report must shall be made a part of the patient's clinical
 2012  record. Any receiving facility accepting the individual patient
 2013  based on the this report must send a copy of the report to the
 2014  Agency for Health Care Administration on the next working day.
 2015         3. A physician, clinical psychologist, psychiatric nurse,
 2016  mental health counselor, marriage and family therapist, or
 2017  clinical social worker, or physician assistant may execute a
 2018  certificate stating that he or she has examined the individual a
 2019  person within the preceding 48 hours and finds that the
 2020  individual person appears to meet the criteria for involuntary
 2021  examination and stating the observations upon which that
 2022  conclusion is based. The certificate must be immediately
 2023  executed and is valid only until executed or for up to 7
 2024  calendar days, whichever occurs first. If other less restrictive
 2025  means are not available, such as voluntary appearance for
 2026  outpatient evaluation, A law enforcement officer shall take the
 2027  individual person named in the certificate into custody and
 2028  deliver him or her to the nearest receiving facility for
 2029  involuntary examination. The law enforcement officer shall
 2030  complete execute a written report detailing the circumstances
 2031  under which the individual person was taken into custody. The
 2032  report and certificate shall be made a part of the patient's
 2033  clinical record. Any receiving facility accepting the individual
 2034  patient based on the this certificate must send a copy of the
 2035  certificate to the Agency for Health Care Administration on the
 2036  next working day.
 2037  
 2038  A person who initiates an involuntary examination of a minor
 2039  shall make and document immediate attempts to notify the minor’s
 2040  guardian of such examination. A receiving facility accepting a
 2041  minor for involuntary examination must immediately notify the
 2042  minor's guardian upon the minor’s arrival.
 2043         (b) An individual may A person shall not be removed from a
 2044  any program or residential placement licensed under chapter 400
 2045  or chapter 429 and transported to a receiving facility for
 2046  involuntary examination unless an ex parte order, a professional
 2047  certificate, or a law enforcement officer's report is first
 2048  prepared. If the condition of the individual person is such that
 2049  preparation of a law enforcement officer's report is not
 2050  practicable before removal, the report must shall be completed
 2051  as soon as possible after removal, but in any case before the
 2052  individual person is transported to a receiving facility. A
 2053  receiving facility admitting an individual a person for
 2054  involuntary examination who is not accompanied by the required
 2055  ex parte order, professional certificate, or law enforcement
 2056  officer's report must shall notify the Agency for Health Care
 2057  Administration of such admission by certified mail by no later
 2058  than the next working day. The provisions of this paragraph do
 2059  not apply when transportation is provided by the patient's
 2060  family or guardian.
 2061         (c) A law enforcement officer acting in accordance with an
 2062  ex parte order issued pursuant to this subsection may serve and
 2063  execute such order on any day of the week, at any time of the
 2064  day or night.
 2065         (d) A law enforcement officer acting in accordance with an
 2066  ex parte order issued pursuant to this subsection may use such
 2067  reasonable physical force if as is necessary to gain entry to
 2068  the premises, and any dwellings, buildings, or other structures
 2069  located on the premises, and to take custody of the individual
 2070  person who is the subject of the ex parte order.
 2071         (e) The Agency for Health Care Administration shall receive
 2072  and maintain the copies of ex parte orders, involuntary
 2073  outpatient placement orders issued pursuant to s. 394.4655,
 2074  involuntary inpatient placement orders issued pursuant to s.
 2075  394.467, professional certificates, and law enforcement
 2076  officers' reports. These documents shall be considered part of
 2077  the clinical record, governed by the provisions of s. 394.4615.
 2078  The agency shall prepare annual reports analyzing the data
 2079  obtained from these documents, without information identifying
 2080  individuals held for examination or admitted for mental health
 2081  treatment patients, and shall provide copies of reports to the
 2082  department, the President of the Senate, the Speaker of the
 2083  House of Representatives, and the minority leaders of the Senate
 2084  and the House of Representatives.
 2085         (f) An individual A patient shall be examined by a
 2086  physician or clinical psychologist at a receiving facility
 2087  without unnecessary delay to determine if the criteria for
 2088  involuntary inpatient placement is met. Emergency treatment may
 2089  be provided and may, upon the order of a physician, be given
 2090  emergency treatment if it is determined that such treatment is
 2091  necessary for the safety of the patient or others. The patient
 2092  may not be released by the receiving facility or its contractor
 2093  without the documented approval of a psychiatrist, a clinical
 2094  psychologist, or, if the receiving facility is a hospital, the
 2095  release may also be approved by an attending emergency
 2096  department physician with experience in the diagnosis and
 2097  treatment of mental and nervous disorders and after completion
 2098  of an involuntary examination pursuant to this subsection.
 2099  However, a patient may not be held in a receiving facility for
 2100  involuntary examination longer than 72 hours.
 2101         (g)An individual may not be held for involuntary
 2102  examination for more than 72 hours. Based on the individual’s
 2103  needs, one of the following actions must be taken within the 72
 2104  hour period:
 2105         1.The individual shall be released after the completion of
 2106  the involuntary examination with the documented approval of a
 2107  psychiatrist or a clinical psychologist or, if the facility is a
 2108  hospital, the release may be approved by an attending emergency
 2109  department physician;
 2110         2.The individual shall be asked to give express and
 2111  informed consent for voluntary admission if a physician or
 2112  clinical psychologist has determined that the individual is
 2113  competent to consent to treatment; or
 2114         3.A petition for involuntary placement shall be completed
 2115  and filed in the circuit court if involuntary outpatient or
 2116  inpatient treatment is deemed necessary. If the 72-hour period
 2117  ends on a weekend or holiday, the petition must be filed by the
 2118  next working day. If inpatient treatment is deemed necessary,
 2119  the least restrictive treatment consistent with the optimum
 2120  improvement of the individual’s condition must be made
 2121  available. A petition for involuntary outpatient placement shall
 2122  be filed by one of the petitioners specified in s.
 2123  394.4655(3)(a), and a petition for involuntary inpatient
 2124  placement shall be filed by the facility administrator.
 2125         (h)An individual released from a receiving or treatment
 2126  facility on a voluntary or involuntary basis who is charged with
 2127  a crime shall be returned to the custody of a law enforcement
 2128  officer.
 2129         (i)(g)If an individual A person for whom an involuntary
 2130  examination has been initiated who is also being evaluated or
 2131  treated at a hospital for an emergency medical condition
 2132  specified in s. 395.002, must be examined by a receiving
 2133  facility within 72 hours. the 72-hour period begins when the
 2134  individual patient arrives at the hospital and ceases when the
 2135  attending physician documents that the patient has an emergency
 2136  medical condition. The 72-hour period resumes when the physician
 2137  documents that the emergency medical condition has stabilized or
 2138  does not exist. If the patient is examined at a hospital
 2139  providing emergency medical services by a professional qualified
 2140  to perform an involuntary examination and is found as a result
 2141  of that examination not to meet the criteria for involuntary
 2142  outpatient placement pursuant to s. 394.4655(1) or involuntary
 2143  inpatient placement pursuant to s. 394.467(1), the patient may
 2144  be offered voluntary placement, if appropriate, or released
 2145  directly from the hospital providing emergency medical services.
 2146  The finding by the professional that the patient has been
 2147  examined and does not meet the criteria for involuntary
 2148  inpatient placement or involuntary outpatient placement must be
 2149  entered into the patient's clinical record. Nothing in this
 2150  paragraph is intended to prevent A hospital providing emergency
 2151  medical services may transfer an individual from appropriately
 2152  transferring a patient to another hospital before prior to
 2153  stabilization if, provided the requirements of s. 395.1041(3)(c)
 2154  are have been met.
 2155         (h) One of the following must occur within 12 hours after
 2156  the patient's attending physician documents that the
 2157  individual's patient's medical condition has stabilized or that
 2158  an emergency medical condition does not exist:
 2159         1.The individual shall be examined by a physician or
 2160  clinical psychologist and, if found not to meet the criteria for
 2161  involuntary examination pursuant to s. 394.463, shall be
 2162  released directly from the hospital providing the emergency
 2163  medical services. The results of the examination, including the
 2164  final disposition, shall be entered into the clinical record; or
 2165         2.The individual shall be transferred to a receiving
 2166  facility for examination if appropriate medical and mental
 2167  health treatment are available. However, the receiving facility
 2168  must be notified of the transfer within 2 hours after the
 2169  individual’s condition has been stabilized or after
 2170  determination that an emergency medical condition does not
 2171  exist.
 2172         1. The patient must be examined by a designated receiving
 2173  facility and released; or
 2174         2. The patient must be transferred to a designated
 2175  receiving facility in which appropriate medical treatment is
 2176  available. However, the receiving facility must be notified of
 2177  the transfer within 2 hours after the patient's condition has
 2178  been stabilized or after determination that an emergency medical
 2179  condition does not exist.
 2180         (i) Within the 72-hour examination period or, if the 72
 2181  hours ends on a weekend or holiday, no later than the next
 2182  working day thereafter, one of the following actions must be
 2183  taken, based on the individual needs of the patient:
 2184         1. The patient shall be released, unless he or she is
 2185  charged with a crime, in which case the patient shall be
 2186  returned to the custody of a law enforcement officer;
 2187         2. The patient shall be released, subject to the provisions
 2188  of subparagraph 1., for voluntary outpatient treatment;
 2189         3. The patient, unless he or she is charged with a crime,
 2190  shall be asked to give express and informed consent to placement
 2191  as a voluntary patient, and, if such consent is given, the
 2192  patient shall be admitted as a voluntary patient; or
 2193         4. A petition for involuntary placement shall be filed in
 2194  the circuit court when outpatient or inpatient treatment is
 2195  deemed necessary. When inpatient treatment is deemed necessary,
 2196  the least restrictive treatment consistent with the optimum
 2197  improvement of the patient's condition shall be made available.
 2198  When a petition is to be filed for involuntary outpatient
 2199  placement, it shall be filed by one of the petitioners specified
 2200  in s. 394.4655(3)(a). A petition for involuntary inpatient
 2201  placement shall be filed by the facility administrator.
 2202         (3) NOTICE OF RELEASE.—Notice of the release shall be given
 2203  to the individual’s patient's guardian or representative, to any
 2204  person who executed a certificate admitting the individual
 2205  patient to the receiving facility, and to any court that which
 2206  ordered the individual’s patient's evaluation.
 2207         Section 21. Section 394.4655, Florida Statutes, is amended
 2208  to read:
 2209         394.4655 Involuntary outpatient placement.—
 2210         (1) CRITERIA FOR INVOLUNTARY OUTPATIENT PLACEMENT.—An
 2211  individual A person may be ordered to involuntary outpatient
 2212  placement upon a finding of the court that by clear and
 2213  convincing evidence that:
 2214         (a) The individual person is 18 years of age or older;
 2215         (b) The individual person has a mental illness;
 2216         (c) The individual person is unlikely to survive safely in
 2217  the community without supervision, based on a clinical
 2218  determination;
 2219         (d) The individual person has a history of lack of
 2220  compliance with treatment for mental illness;
 2221         (e) The individual person has:
 2222         1. At least twice within the immediately preceding 36
 2223  months been involuntarily admitted to a receiving or treatment
 2224  facility as defined in s. 394.455, or has received mental health
 2225  services in a forensic or correctional facility. The 36-month
 2226  period does not include any period during which the individual
 2227  person was admitted or incarcerated; or
 2228         2. Engaged in one or more acts of serious violent behavior
 2229  toward self or others, or attempts at serious bodily harm to
 2230  self himself or herself or others, within the preceding 36
 2231  months;
 2232         (f) Due to The person is, as a result of his or her mental
 2233  illness, the individual is unlikely to voluntarily participate
 2234  in the recommended treatment plan and either he or she has
 2235  refused voluntary placement for treatment after sufficient and
 2236  conscientious explanation and disclosure of the purpose of
 2237  placement for treatment or he or she is unable to determine for
 2238  himself or herself whether placement is necessary;
 2239         (g) In view of the individual’s person's treatment history
 2240  and current behavior, the individual person is in need of
 2241  involuntary outpatient placement in order to prevent a relapse
 2242  or deterioration that would be likely to result in serious
 2243  bodily harm to self himself or herself or others, or a
 2244  substantial harm to his or her well-being as set forth in s.
 2245  394.463(1);
 2246         (h) It is likely that the individual person will benefit
 2247  from involuntary outpatient placement; and
 2248         (i) All available, less restrictive alternatives that would
 2249  offer an opportunity for improvement of his or her condition
 2250  have been judged to be inappropriate or unavailable.
 2251         (2) INVOLUNTARY OUTPATIENT PLACEMENT.—
 2252         (a)1.An individual who is being recommended for
 2253  involuntary outpatient placement by A patient may be retained by
 2254  a receiving facility upon the recommendation of the
 2255  administrator of the a receiving facility where the individual
 2256  patient has been examined may be retained by the facility and
 2257  after adherence to the notice and of hearing procedures provided
 2258  in s. 394.4599.
 2259         1. The recommendation must be supported by the opinion of a
 2260  psychiatrist and the second opinion of a clinical psychologist
 2261  or another psychiatrist, both of whom have personally examined
 2262  the individual patient within the preceding 72 hours, that the
 2263  criteria for involuntary outpatient placement are met. However,
 2264  in a county having a population of fewer than 50,000, if the
 2265  administrator certifies that a no psychiatrist or clinical
 2266  psychologist is not available to provide the second opinion, the
 2267  second opinion may be provided by a licensed physician who has
 2268  postgraduate training and experience in diagnosis and treatment
 2269  of mental and nervous disorders or by a psychiatric nurse as
 2270  defined in this chapter. Such a recommendation must be entered
 2271  on an involuntary outpatient placement certificate that
 2272  authorizes, which certificate must authorize the receiving
 2273  facility to retain the individual patient pending completion of
 2274  a hearing. The certificate shall be made a part of the patient's
 2275  clinical record.
 2276         2. If the individual patient has been stabilized and no
 2277  longer meets the criteria for involuntary examination under
 2278  pursuant to s. 394.463(1), he or she the patient must be
 2279  released from the receiving facility while awaiting the hearing
 2280  for involuntary outpatient placement.
 2281         3.Before Prior to filing a petition for involuntary
 2282  outpatient treatment, the administrator of the a receiving
 2283  facility or a designated department representative shall
 2284  identify the service provider that will have primary
 2285  responsibility for service provision under an order for
 2286  involuntary outpatient placement, unless the individual person
 2287  is otherwise participating in outpatient psychiatric treatment
 2288  and is not in need of public financing for that treatment, in
 2289  which case the individual, if eligible, may be ordered to
 2290  involuntary treatment pursuant to the existing psychiatric
 2291  treatment relationship.
 2292         4.3. The service provider shall prepare a written proposed
 2293  treatment plan in consultation with the individual being held
 2294  patient or his or her the patient's guardian advocate, if
 2295  appointed, for the court's consideration for inclusion in the
 2296  involuntary outpatient placement order. The service provider
 2297  shall also provide a copy of the proposed treatment plan to the
 2298  individual patient and the administrator of the receiving
 2299  facility. The treatment plan must specify the nature and extent
 2300  of the individual’s patient's mental illness,. The treatment
 2301  plan must address the reduction of symptoms that necessitate
 2302  involuntary outpatient placement, and include measurable goals
 2303  and objectives for the services and treatment that are provided
 2304  to treat the individual’s person's mental illness and to assist
 2305  the individual person in living and functioning in the community
 2306  or to attempt to prevent a relapse or deterioration. Service
 2307  providers may select and supervise provide supervision to other
 2308  service providers individuals to implement specific aspects of
 2309  the treatment plan. The services in the treatment plan must be
 2310  deemed to be clinically appropriate by a physician, clinical
 2311  psychologist, psychiatric nurse, mental health counselor,
 2312  marriage and family therapist, or clinical social worker, as
 2313  defined in this chapter, who consults with, or is employed or
 2314  contracted by, the service provider. The service provider must
 2315  certify to the court in the proposed treatment plan whether
 2316  sufficient services for improvement and stabilization are
 2317  currently available and whether the service provider agrees to
 2318  provide those services. If the service provider certifies that
 2319  the services in the proposed treatment plan are not available,
 2320  the petitioner may not file the petition.
 2321         (b) If an individual a patient in involuntary inpatient
 2322  placement meets the criteria for involuntary outpatient
 2323  placement, the administrator of the treatment facility may,
 2324  before the expiration of the period during which the treatment
 2325  facility is authorized to retain the individual patient,
 2326  recommend involuntary outpatient placement.
 2327         1. The recommendation must be supported by the opinion of a
 2328  psychiatrist and the second opinion of a clinical psychologist
 2329  or another psychiatrist, both of whom have personally examined
 2330  the individual patient within the preceding 72 hours, that the
 2331  criteria for involuntary outpatient placement are met. However,
 2332  in a county having a population of fewer than 50,000, if the
 2333  administrator certifies that a no psychiatrist or clinical
 2334  psychologist is not available to provide the second opinion, the
 2335  second opinion may be provided by a licensed physician who has
 2336  postgraduate training and experience in diagnosis and treatment
 2337  of mental and nervous disorders or by a psychiatric nurse as
 2338  defined in s. 394.455(23). Such a recommendation must be entered
 2339  on an involuntary outpatient placement certificate, and the
 2340  certificate shall be made a part of the patient's clinical
 2341  record.
 2342         (c)1. The administrator of the treatment facility shall
 2343  provide a copy of the involuntary outpatient placement
 2344  certificate and a copy of the state mental health discharge form
 2345  to a department representative in the county where the
 2346  individual patient will be residing. For persons who are leaving
 2347  a state mental health treatment facility, the petition for
 2348  involuntary outpatient placement must be filed in the county
 2349  where the patient will be residing.
 2350         2. The service provider that will have primary
 2351  responsibility for service provision shall be identified by the
 2352  designated department representative prior to the order for
 2353  involuntary outpatient placement and shall must, before prior to
 2354  filing a petition for involuntary outpatient placement, certify
 2355  to the court whether the services recommended in the
 2356  individual’s patient's discharge plan are available in the local
 2357  community and whether the service provider agrees to provide
 2358  those services. The service provider shall must develop with the
 2359  individual patient, or the individual’s patient's guardian
 2360  advocate, if one is appointed, a treatment or service plan that
 2361  addresses the needs identified in the discharge plan. The plan
 2362  must be deemed to be clinically appropriate by a physician,
 2363  clinical psychologist, psychiatric nurse, mental health
 2364  counselor, marriage and family therapist, or clinical social
 2365  worker, as defined in this chapter, who consults with, or is
 2366  employed or contracted by, the service provider.
 2367         3. If the service provider certifies that the services in
 2368  the proposed treatment or service plan are not available, the
 2369  petitioner may not file the petition.
 2370         (3) PETITION FOR INVOLUNTARY OUTPATIENT PLACEMENT.—
 2371         (a) A petition for involuntary outpatient placement may be
 2372  filed by:
 2373         1. The administrator of a receiving facility; or
 2374         2. The administrator of a treatment facility.
 2375         (b) Each required criterion for involuntary outpatient
 2376  placement must be alleged and substantiated in the petition for
 2377  involuntary outpatient placement. A copy of the certificate
 2378  recommending involuntary outpatient placement completed by a
 2379  qualified professional specified in subsection (2) must be
 2380  attached to the petition. A copy of the proposed treatment plan
 2381  must be attached to the petition. Before the petition is filed,
 2382  the service provider shall certify that the services in the
 2383  proposed treatment plan are available. If the necessary services
 2384  are not available in the patient's local community where the
 2385  individual will reside to respond to the person's individual
 2386  needs, the petition may not be filed.
 2387         (c) A The petition for involuntary outpatient placement
 2388  must be filed in the county where the individual who is the
 2389  subject of the petition patient is located, unless the
 2390  individual the patient is being placed from a state treatment
 2391  facility, in which case the petition must be filed in the county
 2392  where the individual patient will reside. When the petition is
 2393  has been filed, the clerk of the court shall provide copies of
 2394  the petition and the proposed treatment plan to the department,
 2395  the individual patient, the individual’s patient's guardian or
 2396  representative, the state attorney, and the public defender or
 2397  the patient's private counsel representing the individual. A fee
 2398  may not be charged for filing a petition under this subsection.
 2399         (4) APPOINTMENT OF COUNSEL.—Within 1 court working day
 2400  after the filing of a petition for involuntary outpatient
 2401  placement, the court shall appoint a the public defender to
 2402  represent the individual person who is the subject of the
 2403  petition, unless the individual person is otherwise represented
 2404  by counsel. The clerk of the court shall immediately notify the
 2405  public defender of the appointment. The public defender shall
 2406  represent the individual person until the petition is dismissed,
 2407  the court order expires, or the individual patient is discharged
 2408  from involuntary outpatient placement. An attorney who
 2409  represents the individual patient shall have access to the
 2410  individual patient, witnesses, and records relevant to the
 2411  presentation of the individual’s patient's case and shall
 2412  represent the interests of the individual patient, regardless of
 2413  the source of payment to the attorney.
 2414         (5) CONTINUANCE OF HEARING.—The patient is entitled, with
 2415  the concurrence of the patient's counsel, to at least one
 2416  continuance of the hearing. The continuance shall be for a
 2417  period of up to 4 weeks.
 2418         (5)(6) HEARING ON INVOLUNTARY OUTPATIENT PLACEMENT.—
 2419         (a)1. The court shall hold the hearing on involuntary
 2420  outpatient placement within 5 working days after the filing of
 2421  the petition, unless a continuance is granted. The hearing shall
 2422  be held in the county where the petition is filed, shall be as
 2423  convenient to the individual who is the subject of the petition
 2424  patient as is consistent with orderly procedure, and shall be
 2425  conducted in physical settings not likely to be injurious to the
 2426  individual’s patient's condition. If the court finds that the
 2427  individual’s patient's attendance at the hearing is not
 2428  consistent with the individual's best interests, of the patient
 2429  and if the individual’s patient's counsel does not object, the
 2430  court may waive the presence of the individual patient from all
 2431  or any portion of the hearing. The state attorney for the
 2432  circuit in which the individual patient is located shall
 2433  represent the state, rather than the petitioner, as the real
 2434  party in interest in the proceeding.
 2435         (b)2. The court may appoint a magistrate master to preside
 2436  at the hearing. One of the professionals who executed the
 2437  involuntary outpatient placement certificate shall be a witness.
 2438  The individual who is the subject of the petition patient and
 2439  his or her the patient's guardian or representative shall be
 2440  informed by the court of the right to an independent expert
 2441  examination. If the individual patient cannot afford such an
 2442  examination, the court shall provide for one. The independent
 2443  expert's report is shall be confidential and not discoverable,
 2444  unless the expert is to be called as a witness for the
 2445  individual patient at the hearing. The court shall allow
 2446  testimony from persons individuals, including family members,
 2447  deemed by the court to be relevant under state law, regarding
 2448  the individual’s person's prior history and how that prior
 2449  history relates to the individual’s person's current condition.
 2450  The testimony in the hearing must be given under oath, and the
 2451  proceedings must be recorded. The individual patient may refuse
 2452  to testify at the hearing.
 2453         (c)At the hearing on involuntary outpatient placement, the
 2454  court shall consider testimony and evidence regarding the
 2455  competence of the individual being held to consent to treatment.
 2456  If the court finds that the individual is incompetent to
 2457  consent, it shall appoint a guardian advocate as provided in s.
 2458  394.4598.
 2459         (d)The individual who is the subject of the petition is
 2460  entitled to at least one continuance of the hearing for up to 4
 2461  weeks, with the concurrence of the individual’s counsel.
 2462         (6)COURT ORDER.—
 2463         (a)(b)1. If the court concludes that the individual who is
 2464  the subject of the petition patient meets the criteria for
 2465  involuntary outpatient placement under pursuant to subsection
 2466  (1), the court shall issue an order for involuntary outpatient
 2467  placement. The court order may shall be for a period of up to 6
 2468  months. The order must specify the nature and extent of the
 2469  individual’s patient's mental illness. The court order of the
 2470  court and the treatment plan must shall be made part of the
 2471  patient's clinical record. The service provider shall discharge
 2472  an individual a patient from involuntary outpatient placement
 2473  when the order expires or any time the individual patient no
 2474  longer meets the criteria for involuntary placement. Upon
 2475  discharge, the service provider shall send a certificate of
 2476  discharge to the court.
 2477         (b)2. The court may not order the department or the service
 2478  provider to provide services if the program or service is not
 2479  available in the patient's local community of the individual
 2480  being served, if there is no space available in the program or
 2481  service for the individual patient, or if funding is not
 2482  available for the program or service. A copy of the order must
 2483  be sent to the Agency for Health Care Administration by the
 2484  service provider within 1 working day after it is received from
 2485  the court. After the placement order is issued, the service
 2486  provider and the individual patient may modify provisions of the
 2487  treatment plan. For any material modification of the treatment
 2488  plan to which the individual patient or the individual’s
 2489  patient's guardian advocate, if appointed, agrees does agree,
 2490  the service provider shall send notice of the modification to
 2491  the court. Any material modifications of the treatment plan
 2492  which are contested by the individual patient or the
 2493  individual’s patient's guardian advocate, if appointed, must be
 2494  approved or disapproved by the court consistent with the
 2495  requirements of subsection (2).
 2496         (c)3. If, in the clinical judgment of a physician, the
 2497  individual being served patient has failed or has refused to
 2498  comply with the treatment ordered by the court, and, in the
 2499  clinical judgment of the physician, efforts were made to solicit
 2500  compliance and the individual patient may meet the criteria for
 2501  involuntary examination, the individual a person may be brought
 2502  to a receiving facility pursuant to s. 394.463 for involuntary
 2503  examination. If, after examination, the individual patient does
 2504  not meet the criteria for involuntary inpatient placement under
 2505  pursuant to s. 394.467, the individual patient must be
 2506  discharged from the receiving facility. The involuntary
 2507  outpatient placement order remains shall remain in effect unless
 2508  the service provider determines that the individual patient no
 2509  longer meets the criteria for involuntary outpatient placement
 2510  or until the order expires. The service provider shall must
 2511  determine whether modifications should be made to the existing
 2512  treatment plan and must continue to attempt to continue to
 2513  engage the individual patient in treatment. For any material
 2514  modification of the treatment plan to which the individual
 2515  patient or the individual’s patient's guardian advocate, if
 2516  appointed, agrees does agree, the service provider shall send
 2517  notice of the modification to the court. Any material
 2518  modifications of the treatment plan which are contested by the
 2519  individual patient or the individual’s patient's guardian
 2520  advocate, if appointed, must be approved or disapproved by the
 2521  court consistent with the requirements of subsection (2).
 2522         (d)(c) If, at any time before the conclusion of the initial
 2523  hearing on involuntary outpatient placement, it appears to the
 2524  court that the individual person does not meet the criteria for
 2525  involuntary outpatient placement under this section but,
 2526  instead, meets the criteria for involuntary inpatient placement,
 2527  the court may order the individual person admitted for
 2528  involuntary inpatient examination under s. 394.463. If the
 2529  individual person instead meets the criteria for involuntary
 2530  assessment, protective custody, or involuntary admission under
 2531  pursuant to s. 397.675, the court may order the individual
 2532  person to be admitted for involuntary assessment for a period of
 2533  5 days pursuant to s. 397.6811. Thereafter, all proceedings are
 2534  shall be governed by chapter 397.
 2535         (d) At the hearing on involuntary outpatient placement, the
 2536  court shall consider testimony and evidence regarding the
 2537  patient's competence to consent to treatment. If the court finds
 2538  that the patient is incompetent to consent to treatment, it
 2539  shall appoint a guardian advocate as provided in s. 394.4598.
 2540  The guardian advocate shall be appointed or discharged in
 2541  accordance with s. 394.4598.
 2542         (e) The administrator of the receiving facility or the
 2543  designated department representative shall provide a copy of the
 2544  court order and adequate documentation of an individual’s a
 2545  patient's mental illness to the service provider for involuntary
 2546  outpatient placement. Such documentation must include any
 2547  advance directives made by the individual patient, a psychiatric
 2548  evaluation of the individual patient, and any evaluations of the
 2549  individual patient performed by a clinical psychologist or a
 2550  clinical social worker.
 2551         (7) PROCEDURE FOR CONTINUED INVOLUNTARY OUTPATIENT
 2552  PLACEMENT.—
 2553         (a)1. If an individual the person continues to meet the
 2554  criteria for involuntary outpatient placement, the service
 2555  provider shall, before the expiration of the period during which
 2556  the placement treatment is ordered for the person, file in the
 2557  circuit court a petition for continued involuntary outpatient
 2558  placement.
 2559         1.2. The existing involuntary outpatient placement order
 2560  remains in effect until disposition of on the petition for
 2561  continued involuntary outpatient placement.
 2562         2.3. A certificate must shall be attached to the petition
 2563  which includes a statement from the individual’s person's
 2564  physician or clinical psychologist justifying the request, a
 2565  brief description of the individual’s patient's treatment during
 2566  the time he or she was involuntarily placed, and a personalized
 2567  an individualized plan of continued treatment.
 2568         3.4. The service provider shall develop the individualized
 2569  plan of continued treatment in consultation with the individual
 2570  patient or his or her the patient's guardian advocate, if
 2571  appointed. When the petition has been filed, the clerk of the
 2572  court shall provide copies of the certificate and the
 2573  individualized plan of continued treatment to the department,
 2574  the individual patient, the individual’s patient's guardian
 2575  advocate, the state attorney, and the individual’s patient's
 2576  private counsel or the public defender.
 2577         (b) Within 1 court working day after the filing of a
 2578  petition for continued involuntary outpatient placement, the
 2579  court shall appoint the public defender to represent the
 2580  individual person who is the subject of the petition, unless the
 2581  individual person is otherwise represented by counsel. The clerk
 2582  of the court shall immediately notify the public defender of
 2583  such appointment. The public defender shall represent the
 2584  individual person until the petition is dismissed, or the court
 2585  order expires, or the individual patient is discharged from
 2586  involuntary outpatient placement. An Any attorney representing
 2587  the individual must patient shall have access to the individual
 2588  patient, witnesses, and records relevant to the presentation of
 2589  the individual’s patient's case and shall represent the
 2590  interests of the individual patient, regardless of the source of
 2591  payment to the attorney.
 2592         (c)The court shall inform the individual who is the
 2593  subject of the petition and his or her guardian, guardian
 2594  advocate, or representative of the individual’s right to an
 2595  independent expert examination. If the individual cannot afford
 2596  such an examination, the court shall provide one.
 2597         (d)(c) Hearings on petitions for continued involuntary
 2598  outpatient placement are shall be before the circuit court. The
 2599  court may appoint a magistrate master to preside at the hearing.
 2600  The procedures for obtaining an order pursuant to this paragraph
 2601  must shall be in accordance with subsection (6), except that the
 2602  time period included in paragraph (1)(e) is not applicable for
 2603  in determining the appropriateness of additional periods of
 2604  involuntary outpatient placement.
 2605         (e)(d) Notice of the hearing shall be provided in
 2606  accordance with as set forth in s. 394.4599. The individual
 2607  being served patient and the individual’s patient's attorney may
 2608  agree to a period of continued outpatient placement without a
 2609  court hearing.
 2610         (f)(e) The same procedure must shall be repeated before the
 2611  expiration of each additional period the individual being served
 2612  patient is placed in treatment.
 2613         (g)(f) If the individual in involuntary outpatient
 2614  placement patient has previously been found incompetent to
 2615  consent to treatment, the court shall consider testimony and
 2616  evidence regarding the individual’s patient's competence.
 2617  Section 394.4598 governs the discharge of the guardian advocate
 2618  if the individual’s patient's competency to consent to treatment
 2619  has been restored.
 2620         Section 22. Section 394.467, Florida Statutes, is amended
 2621  to read:
 2622         394.467 Involuntary inpatient placement.—
 2623         (1) CRITERIA.—An individual A person may be placed in
 2624  involuntary inpatient placement for treatment upon a finding of
 2625  the court by clear and convincing evidence that:
 2626         (a) He or she is mentally ill and because of his or her
 2627  mental illness:
 2628         1.a. He or she has refused voluntary placement for
 2629  treatment after sufficient and conscientious explanation and
 2630  disclosure of the purpose of placement for treatment; or
 2631         b. He or she is unable to determine for himself or herself
 2632  whether placement is necessary; and
 2633         2.a. He or she is manifestly incapable of surviving alone
 2634  or with the help of willing and responsible family or friends,
 2635  including available alternative services, and, without
 2636  treatment, is likely to suffer from neglect or refuse to care
 2637  for himself or herself, and such neglect or refusal poses a real
 2638  and present threat of substantial harm to his or her well-being;
 2639  or
 2640         b. There is substantial likelihood that in the near future
 2641  he or she will inflict serious bodily harm on self or others
 2642  himself or herself or another person, as evidenced by recent
 2643  behavior causing, attempting, or threatening such harm; and
 2644         (b) All available less restrictive treatment alternatives
 2645  that which would offer an opportunity for improvement of his or
 2646  her condition have been judged to be inappropriate.
 2647         (2) ADMISSION TO A TREATMENT FACILITY.—An individual A
 2648  patient may be retained by a receiving facility or involuntarily
 2649  placed in a treatment facility upon the recommendation of the
 2650  administrator of a receiving facility where the individual
 2651  patient has been examined and after adherence to the notice and
 2652  hearing procedures provided in s. 394.4599. The recommendation
 2653  must be supported by the opinion of a psychiatrist and the
 2654  second opinion of a clinical psychologist or another
 2655  psychiatrist, both of whom have personally examined the
 2656  individual patient within the preceding 72 hours, that the
 2657  criteria for involuntary inpatient placement are met. However,
 2658  in counties that have a population of fewer less than 50,000
 2659  population, if the administrator certifies that a no
 2660  psychiatrist or clinical psychologist is not available to
 2661  provide the second opinion, the such second opinion may be
 2662  provided by a licensed physician with postgraduate training and
 2663  experience in diagnosis and treatment of mental and nervous
 2664  disorders or by a psychiatric nurse as defined in s.
 2665  394.455(23). Such recommendation must shall be entered on an
 2666  involuntary inpatient placement certificate that authorizes,
 2667  which certificate shall authorize the receiving facility to
 2668  retain the individual being held patient pending transfer to a
 2669  treatment facility or completion of a hearing.
 2670         (3) PETITION FOR INVOLUNTARY INPATIENT PLACEMENT.—
 2671         (a) The administrator of the facility shall file a petition
 2672  for involuntary inpatient placement in the court in the county
 2673  where the individual patient is located. Upon filing, the clerk
 2674  of the court shall provide copies to the department, the
 2675  individual patient, the individual’s patient's guardian or
 2676  representative, and the state attorney and public defender of
 2677  the judicial circuit in which the individual patient is located.
 2678  A No fee may not shall be charged for the filing of a petition
 2679  under this subsection.
 2680         (b)A receiving or treatment facility filing a petition for
 2681  involuntary inpatient placement shall send a copy of the
 2682  petition to the Agency for Health Care Administration by the
 2683  next working day.
 2684         (4) APPOINTMENT OF COUNSEL.—
 2685         (a) Within 1 court working day after the filing of a
 2686  petition for involuntary inpatient placement, the court shall
 2687  appoint the public defender to represent the individual person
 2688  who is the subject of the petition, unless the individual person
 2689  is otherwise represented by counsel. The clerk of the court
 2690  shall immediately notify the public defender of such
 2691  appointment. Any attorney representing the individual patient
 2692  shall have access to the individual patient, witnesses, and
 2693  records relevant to the presentation of the individual’s
 2694  patient's case and shall represent the interests of the
 2695  individual patient, regardless of the source of payment to the
 2696  attorney. An attorney representing an individual in involuntary
 2697  placement proceedings shall represent the individual’s expressed
 2698  desires.
 2699         (b)The state attorney for the circuit in which the
 2700  individual is located shall represent the state rather than the
 2701  petitioning facility administrator as the real party in interest
 2702  in the proceeding. The state attorney shall independently
 2703  evaluate and confirm the allegations set forth in the petition
 2704  for involuntary placement. If the allegations are substantiated,
 2705  the state attorney shall vigorously prosecute the petition. If
 2706  the allegations are not substantiated, the state attorney shall
 2707  withdraw the petition. The state attorney shall be present and
 2708  actively participate in all hearings on the involuntary
 2709  placement.
 2710         (5) CONTINUANCE OF HEARING.—The individual patient is
 2711  entitled, with the concurrence of the individual’s patient's
 2712  counsel, to at least one continuance of the hearing. Requests
 2713  for a continuance from parties other than the individual or his
 2714  or her counsel may not be granted. The continuance shall be for
 2715  a period of up to 4 weeks. At the time the court is considering
 2716  a motion for continuance, the court shall also conduct a hearing
 2717  to consider the capacity of the individual to consent to
 2718  treatment if there is a pending petition for adjudication of
 2719  incompetence to consent to treatment. If the court finds that
 2720  the individual is not competent to consent to treatment, a
 2721  guardian advocate shall be appointed at the time the involuntary
 2722  placement hearing is continued to make mental health decisions
 2723  for the individual.
 2724         (6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT.—
 2725         (a)1. The court shall hold the hearing on involuntary
 2726  inpatient placement within 5 working days after the petition is
 2727  filed, unless a continuance is granted.
 2728         1.Except for good cause documented in the court file, the
 2729  hearing shall be held in the receiving or treatment facility
 2730  county where the individual patient is located. If the hearing
 2731  cannot be held in the receiving or treatment facility, it must
 2732  held in a location and shall be as convenient to the individual
 2733  patient as is may be consistent with orderly procedure and which
 2734  is shall be conducted in physical settings not likely to be
 2735  injurious to the individual’s patient's condition. If the court
 2736  finds that the individual’s patient's attendance at the hearing
 2737  is not consistent with his or her the best interests of the
 2738  patient, and the individual’s patient's counsel does not object,
 2739  the court may waive the presence of the individual patient from
 2740  all or any portion of the hearing. The state attorney for the
 2741  circuit in which the patient is located shall represent the
 2742  state, rather than the petitioning facility administrator, as
 2743  the real party in interest in the proceeding.
 2744         2. The court may appoint a general or special magistrate to
 2745  preside at the hearing. One of the professionals who executed
 2746  the involuntary inpatient placement certificate shall be a
 2747  witness. The individual patient and the individual’s patient's
 2748  guardian or representative shall be informed by the court of the
 2749  right to an independent expert examination. If the individual
 2750  patient cannot afford such an examination, the court shall
 2751  provide for one. The independent expert's report is shall be
 2752  confidential and not discoverable, unless the expert is to be
 2753  called as a witness for the individual patient at the hearing.
 2754  The testimony in the hearing must be given under oath, and the
 2755  proceedings must be recorded. The individual patient may refuse
 2756  to testify at the hearing.
 2757         3.The court shall allow testimony from persons, including
 2758  family members, deemed by the court to be relevant regarding the
 2759  individual’s prior history and how that prior history relates to
 2760  the individual’s current condition.
 2761         (b) If the court concludes that the individual patient
 2762  meets the criteria for involuntary inpatient placement, it shall
 2763  order that the individual patient be transferred to a treatment
 2764  facility or, if the individual patient is at a treatment
 2765  facility, that the individual patient be retained there or be
 2766  treated at any other appropriate receiving or treatment
 2767  facility, or that the individual patient receive services from a
 2768  receiving or treatment facility, on an involuntary basis, for a
 2769  period of up to 6 months. The order must shall specify the
 2770  nature and extent of the individual’s patient's mental illness.
 2771  The facility shall discharge the individual a patient any time
 2772  the individual patient no longer meets the criteria for
 2773  involuntary inpatient placement, unless the individual patient
 2774  has transferred to voluntary status.
 2775         (c) If at any time before prior to the conclusion of the
 2776  hearing on involuntary inpatient placement it appears to the
 2777  court that the individual person does not meet the criteria for
 2778  involuntary inpatient placement under this section, but instead
 2779  meets the criteria for involuntary outpatient placement, the
 2780  court may order the individual person evaluated for involuntary
 2781  outpatient placement pursuant to s. 394.4655. The petition and
 2782  hearing procedures set forth in s. 394.4655 shall apply. If the
 2783  individual person instead meets the criteria for involuntary
 2784  assessment, protective custody, or involuntary admission
 2785  pursuant to s. 397.675, then the court may order the individual
 2786  person to be admitted for involuntary assessment for up to a
 2787  period of 5 days pursuant to s. 397.6811. Thereafter, all
 2788  proceedings are shall be governed by chapter 397.
 2789         (d) At the hearing on involuntary inpatient placement, the
 2790  court shall consider testimony and evidence regarding the
 2791  individual’s patient's competence to consent to treatment. If
 2792  the court finds that the individual patient is incompetent to
 2793  consent to treatment, it shall appoint a guardian advocate as
 2794  provided in s. 394.4598.
 2795         (e) The administrator of the receiving facility shall
 2796  provide a copy of the court order and adequate documentation of
 2797  an individual’s a patient's mental illness to the administrator
 2798  of a treatment facility if the individual whenever a patient is
 2799  ordered for involuntary inpatient placement, whether by civil or
 2800  criminal court. The documentation must shall include any advance
 2801  directives made by the individual patient, a psychiatric
 2802  evaluation of the individual patient, and any evaluations of the
 2803  individual patient performed by a clinical psychologist, a
 2804  marriage and family therapist, a mental health counselor, or a
 2805  clinical social worker. The administrator of a treatment
 2806  facility may refuse admission to an individual any patient
 2807  directed to its facilities on an involuntary basis, whether by
 2808  civil or criminal court order, who is not accompanied at the
 2809  same time by adequate orders and documentation.
 2810         (7) PROCEDURE FOR CONTINUED INVOLUNTARY INPATIENT
 2811  PLACEMENT.—
 2812         (a) Hearings on petitions for continued involuntary
 2813  inpatient placement shall be administrative hearings and shall
 2814  be conducted in accordance with the provisions of s. 120.57(1),
 2815  except that an any order entered by an the administrative law
 2816  judge is shall be final and subject to judicial review in
 2817  accordance with s. 120.68. Orders concerning an individual
 2818  patients committed after successfully pleading not guilty by
 2819  reason of insanity are shall be governed by the provisions of s.
 2820  916.15.
 2821         (b) If the individual patient continues to meet the
 2822  criteria for involuntary inpatient placement, the administrator
 2823  shall, before prior to the expiration of the period during which
 2824  the treatment facility is authorized to retain the individual
 2825  patient, file a petition requesting authorization for continued
 2826  involuntary inpatient placement. The request must shall be
 2827  accompanied by a statement from the individual’s patient's
 2828  physician or clinical psychologist justifying the request, a
 2829  brief description of the individual’s patient's treatment during
 2830  the time he or she was involuntarily placed, and a personalized
 2831  an individualized plan of continued treatment. Notice of the
 2832  hearing must shall be provided in accordance with as set forth
 2833  in s. 394.4599. If at the hearing the administrative law judge
 2834  finds that attendance at the hearing is not consistent with the
 2835  individual’s best interests of the patient, the administrative
 2836  law judge may waive the presence of the individual patient from
 2837  all or any portion of the hearing, unless the individual
 2838  patient, through counsel, objects to the waiver of presence. The
 2839  testimony in the hearing must be under oath, and the proceedings
 2840  must be recorded.
 2841         (c) Unless the individual patient is otherwise represented
 2842  or is ineligible, he or she shall be represented at the hearing
 2843  on the petition for continued involuntary inpatient placement by
 2844  the public defender of the circuit in which the facility is
 2845  located.
 2846         (d) The Division of Administrative Hearings shall inform
 2847  the individual and his or her guardian, guardian advocate, or
 2848  representative of the right to an independent expert
 2849  examination. If the individual cannot afford such an
 2850  examination, the administrative law judge shall appoint one and
 2851  the county of the individual’s residence shall be billed for the
 2852  cost of the examination.
 2853         (e)(d) If at a hearing it is shown that the individual
 2854  patient continues to meet the criteria for involuntary inpatient
 2855  placement, the administrative law judge shall sign the order for
 2856  continued involuntary inpatient placement for a period of up to
 2857  not to exceed 6 months. The same procedure must shall be
 2858  repeated before prior to the expiration of each additional
 2859  period the individual patient is retained.
 2860         (f)(e) If continued involuntary inpatient placement is
 2861  necessary for an individual a patient admitted while serving a
 2862  criminal sentence, but whose sentence is about to expire, or for
 2863  a minor patient involuntarily placed while a minor but who is
 2864  about to reach the age of 18, the administrator shall petition
 2865  the administrative law judge for an order authorizing continued
 2866  involuntary inpatient placement.
 2867         (g)(f) If the individual patient has been previously found
 2868  incompetent to consent to treatment, the administrative law
 2869  judge shall consider testimony and evidence regarding the
 2870  individual’s patient's competence. If the administrative law
 2871  judge finds evidence that the individual patient is now
 2872  competent to consent to treatment, the administrative law judge
 2873  may issue a recommended order to the court that found the
 2874  individual patient incompetent to consent to treatment that the
 2875  individual’s patient's competence be restored and that any
 2876  guardian advocate previously appointed be discharged.
 2877         (8) RETURN TO FACILITY OF PATIENTS.—If an individual held
 2878  When a patient at a treatment facility leaves the facility
 2879  without authorization, the administrator may authorize a search
 2880  for, the patient and the return of, the individual patient to
 2881  the facility. The administrator may request the assistance of a
 2882  law enforcement agency in the search for and return of the
 2883  patient.
 2884         Section 23. Section 394.46715, Florida Statutes, is amended
 2885  to read:
 2886         394.46715 Rulemaking authority.—The department may adopt
 2887  rules to administer of Children and Family Services shall have
 2888  rulemaking authority to implement the provisions of ss. 394.455,
 2889  394.4598, 394.4615, 394.463, 394.4655, and 394.467 as amended or
 2890  created by this act. These rules are shall be for the purpose of
 2891  protecting the health, safety, and well-being of individuals
 2892  persons examined, treated, or placed under this part act.
 2893         Section 24. Section 394.4672, Florida Statutes, is amended
 2894  to read:
 2895         394.4672 Procedure for placement of veteran with federal
 2896  agency.—
 2897         (1) If a Whenever it is determined by the court determines
 2898  that an individual a person meets the criteria for involuntary
 2899  placement and he or she it appears that such person is eligible
 2900  for care or treatment by the United States Department of
 2901  Veterans Affairs or other agency of the United States
 2902  Government, the court, upon receipt of a certificate from the
 2903  United States Department of Veterans Affairs or such other
 2904  agency showing that facilities are available and that the
 2905  individual person is eligible for care or treatment therein, may
 2906  place that individual person with the United States Department
 2907  of Veterans Affairs or other federal agency. The individual
 2908  person whose placement is sought shall be personally served with
 2909  notice of the pending placement proceeding in the manner as
 2910  provided in this part., and nothing in This section does not
 2911  shall affect the individual’s his or her right to appear and be
 2912  heard in the proceeding. Upon placement, the individual is
 2913  person shall be subject to the rules and regulations of the
 2914  United States Department of Veterans Affairs or other federal
 2915  agency.
 2916         (2) The judgment or order of placement issued by a court of
 2917  competent jurisdiction of another state or of the District of
 2918  Columbia that places an individual,placing a person with the
 2919  United States Department of Veterans Affairs or other federal
 2920  agency for care or treatment has, shall have the same force and
 2921  effect in this state as in the jurisdiction of the court
 2922  entering the judgment or making the order.; and The courts of
 2923  the placing state or of the District of Columbia shall retain be
 2924  deemed to have retained jurisdiction over of the individual
 2925  person so placed. Consent is hereby given to the application of
 2926  the law of the placing state or district with respect to the
 2927  authority of the chief officer of any facility of the United
 2928  States Department of Veterans Affairs or other federal agency
 2929  operated in this state to retain custody or to transfer, parole,
 2930  or discharge the individual person.
 2931         (3) Upon receipt of a certificate of the United States
 2932  Department of Veterans Affairs or another such other federal
 2933  agency that facilities are available for the care or treatment
 2934  individuals who have mental illness of mentally ill persons and
 2935  that the individual person is eligible for that care or
 2936  treatment, the administrator of the receiving or treatment
 2937  facility may cause the transfer of that individual person to the
 2938  United States Department of Veterans Affairs or other federal
 2939  agency. Upon effecting such transfer, the committing court shall
 2940  be notified by the transferring agency. An individual may not No
 2941  person shall be transferred to the United States Department of
 2942  Veterans Affairs or other federal agency if he or she is
 2943  confined pursuant to the conviction of any felony or misdemeanor
 2944  or if he or she has been acquitted of the charge solely on the
 2945  ground of insanity, unless prior to transfer the court placing
 2946  the individual such person enters an order for the transfer
 2947  after appropriate motion and hearing and without objection by
 2948  the United States Department of Veterans Affairs.
 2949         (4) An individual Any person transferred as provided in
 2950  this section shall be deemed to be placed with the United States
 2951  Department of Veterans Affairs or other federal agency pursuant
 2952  to the original placement.
 2953         Section 25. Section 394.4674, Florida Statutes, is
 2954  repealed.
 2955         Section 26. Section 394.4685, Florida Statutes, is amended
 2956  to read:
 2957         394.4685 Transfer between of patients among facilities.—
 2958         (1) TRANSFER BETWEEN PUBLIC FACILITIES.—
 2959         (a) An individual A patient who has been admitted to a
 2960  public receiving facility, or his or her the family member,
 2961  guardian, or guardian advocate of such patient, may request the
 2962  transfer of the individual patient to another public receiving
 2963  facility. An individual A patient who has been admitted to a
 2964  public treatment facility, or his or her the family member,
 2965  guardian, or guardian advocate of such patient, may request the
 2966  transfer of the individual patient to another public treatment
 2967  facility. Depending on the medical treatment or mental health
 2968  treatment needs of the individual patient and the availability
 2969  of appropriate facility resources, the individual patient may be
 2970  transferred at the discretion of the department. If the
 2971  department approves the transfer of an individual on involuntary
 2972  status patient, notice in accordance with according to the
 2973  provisions of s. 394.4599 must shall be given before prior to
 2974  the transfer by the transferring facility. The department shall
 2975  respond to the request for transfer within 2 working days after
 2976  receipt of the request by the facility administrator.
 2977         (b) If When required by the medical treatment or mental
 2978  health treatment needs of the individual patient or the
 2979  efficient use utilization of a public receiving or public
 2980  treatment facility, an individual a patient may be transferred
 2981  from one receiving facility to another, or one treatment
 2982  facility to another, at the department's discretion, or, with
 2983  the express and informed consent of the individual patient or
 2984  the individual’s patient's guardian or guardian advocate, to a
 2985  facility in another state. Notice in accordance with according
 2986  to the provisions of s. 394.4599 must shall be given before
 2987  prior to the transfer by the transferring facility. If prior
 2988  notice is not possible, notice of the transfer must shall be
 2989  provided as soon as practicable after the transfer.
 2990         (2) TRANSFER FROM PUBLIC TO PRIVATE FACILITIES.—
 2991         (a)An individual A patient who has been admitted to a
 2992  public receiving or public treatment facility and has requested,
 2993  either personally or through his or her guardian or guardian
 2994  advocate, and is able to pay for treatment in a private facility
 2995  shall be transferred at the individual’s patient's expense to a
 2996  private facility upon acceptance of the individual patient by
 2997  the private facility.
 2998         (b)A public facility may request the transfer of an
 2999  individual from the facility to a private facility, and the
 3000  individual may be transferred upon acceptance of the individual
 3001  by the private facility.
 3002         (3) TRANSFER FROM PRIVATE TO PUBLIC FACILITIES.—
 3003         (a) An individual A patient or his or her the patient's
 3004  guardian or guardian advocate may request the transfer of the
 3005  individual patient from a private to a public facility, and the
 3006  individual patient may be so transferred upon acceptance of the
 3007  individual patient by the public facility.
 3008         (b) A private facility may request the transfer of an
 3009  individual a patient from the facility to a public facility, and
 3010  the individual patient may be so transferred upon acceptance of
 3011  the individual patient by the public facility. The cost of such
 3012  transfer is shall be the responsibility of the transferring
 3013  facility.
 3014         (c) A public facility must respond to a request for the
 3015  transfer of an individual a patient within 2 working days after
 3016  receipt of the request.
 3017         (4) TRANSFER BETWEEN PRIVATE FACILITIES.—An individual
 3018  being held A patient in a private facility or his or her the
 3019  patient's guardian or guardian advocate may request the transfer
 3020  of the individual patient to another private facility at any
 3021  time, and the individual patient shall be transferred upon
 3022  acceptance of the individual patient by the facility to which
 3023  transfer is sought.
 3024         Section 27. Section 394.469, Florida Statutes, is amended
 3025  to read:
 3026         394.469 Discharge of involuntary placements patients.—
 3027         (1) POWER TO DISCHARGE.—At any time an individual a patient
 3028  is found to no longer meet the criteria for involuntary
 3029  placement, the administrator shall:
 3030         (a) Discharge the individual patient, unless the patient is
 3031  under a criminal charge, in which case the patient shall be
 3032  transferred to the custody of the appropriate law enforcement
 3033  officer;
 3034         (b) Transfer the individual patient to voluntary status on
 3035  his or her own authority or at the individual’s patient's
 3036  request, unless the individual patient is under criminal charge
 3037  or adjudicated incapacitated; or
 3038         (c) Return an individual released from a receiving or
 3039  treatment facility on voluntary or involuntary status who is
 3040  charged with a crime to the custody of a law enforcement officer
 3041  Place an improved patient, except a patient under a criminal
 3042  charge, on convalescent status in the care of a community
 3043  facility.
 3044         (2) NOTICE.—Notice of discharge or transfer of an
 3045  individual must be provided in accordance with a patient shall
 3046  be given as provided in s. 394.4599.
 3047         Section 28. Section 394.473, Florida Statutes, is amended
 3048  to read:
 3049         394.473 Attorney's fee; expert witness fee.—
 3050         (1) In the case of an indigent person for whom An attorney
 3051  is appointed to represent an indigent individual pursuant to the
 3052  provisions of this part, the attorney shall be compensated by
 3053  the state pursuant to s. 27.5304. In the case of an indigent
 3054  person, The court may appoint a public defender for an indigent
 3055  individual. The public defender shall receive no additional
 3056  compensation other than that usually paid his or her office.
 3057         (2) An In the case of an indigent person for whom expert
 3058  whose testimony is required for an indigent individual in a
 3059  court hearing pursuant to the provisions of this part act, the
 3060  expert, except one who is classified as a full-time employee of
 3061  the state or who is receiving remuneration from the state for
 3062  his or her time in attendance at the hearing, shall be
 3063  compensated by the state pursuant to s. 27.5304.
 3064         Section 29. Section 394.475, Florida Statutes, is amended
 3065  to read:
 3066         394.475 Acceptance, examination, and involuntary placement
 3067  of Florida residents from out-of-state mental health
 3068  authorities.—
 3069         (1) Upon the request of the state mental health authority
 3070  of another state, the department may is authorized to accept an
 3071  individual as a patient, for up to a period of not more than 15
 3072  days, a person who is and has been a bona fide resident of this
 3073  state for at least a period of not less than 1 year.
 3074         (2) An individual Any person received pursuant to
 3075  subsection (1) shall be examined by the staff of the state
 3076  facility where the individual such patient has been admitted
 3077  accepted, which examination shall be completed during the 15-day
 3078  period.
 3079         (3) If, upon examination, the individual such a person
 3080  requires continued involuntary placement, a petition for a
 3081  hearing regarding involuntary placement shall be filed with the
 3082  court of the county where wherein the treatment facility
 3083  receiving the individual patient is located or the county where
 3084  the individual patient is a resident.
 3085         (4) During the pendency of the examination period and the
 3086  pendency of the involuntary placement proceedings, an individual
 3087  such person may continue to be held in the treatment facility
 3088  unless the court having jurisdiction enters an order to the
 3089  contrary.
 3090         Section 30. Section 394.4785, Florida Statutes, is amended
 3091  to read:
 3092         394.4785 Children and adolescents; admission and placement
 3093  in mental health facilities.—
 3094         (1) A child or adolescent as defined in s. 394.492 may not
 3095  be admitted to a state-owned or state-operated mental health
 3096  treatment facility. A child may be admitted pursuant to s.
 3097  394.4625 or s. 394.467 to a crisis stabilization unit or a
 3098  residential treatment center licensed under this chapter or a
 3099  hospital licensed under chapter 395. The treatment center, unit,
 3100  or hospital must provide the least restrictive available
 3101  treatment that is appropriate to the individual needs of the
 3102  child or adolescent and must adhere to the guiding principles,
 3103  system of care, and service planning provisions of contained in
 3104  part III of this chapter.
 3105         (2) A child or adolescent, as defined in s. 394.492, who is
 3106  younger than person under the age of 14 years of age and who is
 3107  admitted to a any hospital licensed pursuant to chapter 395 may
 3108  not be admitted to a bed in a room or ward with an adult patient
 3109  in a mental health unit or share common areas with an adult
 3110  patient in a mental health unit. However, an adolescent a person
 3111  14 years of age or older may be admitted to a bed in a room or
 3112  ward in the mental health unit with an adult if the admitting
 3113  physician documents in the case record that such placement is
 3114  medically indicated or for reasons of safety. Such placement
 3115  shall be reviewed by the attending physician or a designee or
 3116  on-call physician each day and documented in the clinical case
 3117  record.
 3118         Section 31. Subsection (2) of section 394.4786, Florida
 3119  Statutes, is amended to read:
 3120         394.4786 Intent.—
 3121         (2) Further, the Legislature intends that a specialty
 3122  psychiatric hospital that provides health care to specified
 3123  indigent individuals patients be eligible for reimbursement up
 3124  to the amount that hospital contributed to the Public Medical
 3125  Assistance Trust Fund in the previous fiscal year.
 3126         Section 32. Subsections (2) and (3) of section 394.47865,
 3127  Florida Statutes, are amended to read:
 3128         394.47865 South Florida State Hospital; privatization.—
 3129         (2) The contractor shall operate South Florida State
 3130  Hospital as a mental health treatment facility that serves
 3131  voluntarily and involuntarily committed indigent individuals 18
 3132  years of age or older adults who meet the criteria of this part
 3133  I of this chapter and who reside in the South Florida State
 3134  Hospital service area.
 3135         (a) South Florida State Hospital shall remain a participant
 3136  in the mental health disproportionate share program so long as
 3137  such individuals the residents receive eligible services.
 3138         (b) The department and the contractor shall ensure that the
 3139  treatment facility is operated as a part of a total continuum of
 3140  care for individuals persons who are mentally ill. The
 3141  contractor shall have as its primary goal for the treatment
 3142  facility to effectively treat and assist individuals held at the
 3143  facility residents to return to the community as quickly as
 3144  possible.
 3145         (3)(a) Current South Florida State Hospital employees who
 3146  are affected by the privatization shall be given first
 3147  preference for continued employment by the contractor. The
 3148  department shall make reasonable efforts to find suitable job
 3149  placements for employees who wish to remain within the state
 3150  Career Service System.
 3151         (b) Any savings that result from the privatization of South
 3152  Florida State Hospital shall be directed to the department's
 3153  service districts 9, 10, and 11 for the delivery of community
 3154  mental health services.
 3155         Section 33. Section 394.4787, Florida Statutes, is amended
 3156  to read:
 3157         394.4787 Definitions; ss. 394.4786, 394.4787, 394.4788, and
 3158  394.4789.—As used in sections 394.4786-394.4789, the term this
 3159  section and ss. 394.4786, 394.4788, and 394.4789:
 3160         (1) “Acute mental health services” means mental health
 3161  services provided through inpatient hospitalization.
 3162         (2) “Agency” means the Agency for Health Care
 3163  Administration.
 3164         (3) “Charity care” means that portion of hospital charges
 3165  for care provided to an individual a patient whose family income
 3166  for the 12 months preceding the determination is equal to or
 3167  below 150 percent of the current federal nonfarm poverty
 3168  guideline or the amount of hospital charges due from the
 3169  individual patient which exceeds 25 percent of the annual family
 3170  income and for which there is no compensation. Charity care does
 3171  shall not include administrative or courtesy discounts,
 3172  contractual allowances to third party payors, or failure of a
 3173  hospital to collect full charges due to partial payment by
 3174  governmental programs.
 3175         (4) “Indigent” means an individual whose financial status
 3176  would qualify him or her for charity care.
 3177         (5) “Operating expense” means all common and accepted costs
 3178  appropriate in developing and maintaining the operating of the
 3179  patient care facility and its activities.
 3180         (6) “PMATF” means the Public Medical Assistance Trust Fund.
 3181         (7) “Specialty psychiatric hospital” has the same meaning
 3182  as in means a hospital licensed by the agency pursuant to s.
 3183  395.002(28), and includes facilities licensed under and part II
 3184  of chapter 408 as a specialty psychiatric hospitals hospital.
 3185         Section 34. Subsections (1), (2), and (6) of section
 3186  394.4788, Florida Statutes, are amended to read:
 3187         394.4788 Use of certain PMATF funds for the purchase of
 3188  acute care mental health services.—
 3189         (1) A hospital may be eligible to be reimbursed an amount
 3190  no greater than the hospital's previous year contribution to the
 3191  PMATF for acute mental health services provided to indigent
 3192  mentally ill individuals persons who have been determined by the
 3193  agency or its agent to require such treatment and who:
 3194         (a) Do not meet Medicaid eligibility criteria, unless the
 3195  agency makes a referral for a Medicaid eligible individual
 3196  patient pursuant to s. 394.4789;
 3197         (b) Meet the criteria for mental illness under this part;
 3198  and
 3199         (c) Meet the definition of charity care.
 3200         (2) The agency shall annually calculate a per diem
 3201  reimbursement rate for each specialty psychiatric hospital to be
 3202  paid to the specialty psychiatric hospitals for the provision of
 3203  acute mental health services provided to indigent mentally ill
 3204  individual’s patients who meet the criteria in subsection (1).
 3205  After the first rate period, providers shall be notified of new
 3206  reimbursement rates for each new state fiscal year by June 1.
 3207  The new reimbursement rates shall commence on July 1.
 3208         (6) Hospitals that agree to participate in the program set
 3209  forth in this section and ss. 394.4786, 394.4787, and 394.4789
 3210  shall agree that payment from the PMATF is payment in full for
 3211  all individuals patients for which reimbursement is received
 3212  under this section and ss. 394.4786, 394.4787, and 394.4789,
 3213  until the funds for this program are no longer available.
 3214         Section 35. Section 394.4789, Florida Statutes, is amended
 3215  to read:
 3216         394.4789 Establishment of referral process and eligibility
 3217  determination.—
 3218         (1) The department shall adopt by rule a referral process
 3219  that provides which shall provide each participating specialty
 3220  psychiatric hospital with a system for accepting into the
 3221  hospital's care indigent mentally ill individuals persons
 3222  referred by the department. It is the intent of the Legislature
 3223  that a hospital that which seeks payment under s. 394.4788 shall
 3224  accept referrals from the department. However, a hospital may
 3225  shall have the right to refuse the admission of an individual a
 3226  patient due to lack of functional bed space or lack of services
 3227  appropriate to a patient's specific treatment and is not no
 3228  hospital shall be required to accept referrals if the costs for
 3229  treating the referred patient are no longer reimbursable because
 3230  the hospital has reached the level of contribution made to the
 3231  PMATF in the previous fiscal year. Furthermore, a hospital that
 3232  does not seek compensation for indigent mentally ill patients
 3233  under the provisions of this part is act shall not be obliged to
 3234  accept department referrals, notwithstanding any agreements it
 3235  may have entered into with the department. The right of refusal
 3236  in this subsection does shall not affect a hospital's
 3237  requirement to provide emergency care pursuant to s. 395.1041 or
 3238  other state or federal law statutory requirements related to the
 3239  provision of emergency care.
 3240         (2) The department shall adopt by rule a patient
 3241  eligibility form and is shall be responsible for eligibility
 3242  determination. However, the department may contract with
 3243  participating psychiatric hospitals for eligibility
 3244  determination. The eligibility form must shall provide the
 3245  mechanism for determining a patient's eligibility according to
 3246  the requirements of s. 394.4788(1).
 3247         (a) A specialty psychiatric hospital is shall be eligible
 3248  for reimbursement only if when an eligibility form has been
 3249  completed for each indigent mentally ill individual person for
 3250  whom reimbursement is sought.
 3251         (b) As part of eligibility determination, every effort
 3252  shall be made by the hospital to determine if any third party
 3253  insurance coverage is available.
 3254         Section 36. Paragraph (a) of subsection (3) of section
 3255  39.407, Florida Statutes, is amended to read:
 3256         39.407 Medical, psychiatric, and psychological examination
 3257  and treatment of child; physical, mental, or substance abuse
 3258  examination of person with or requesting child custody.—
 3259         (3)(a)1. Except as otherwise provided in subparagraph (b)1.
 3260  or paragraph (e), before the department provides psychotropic
 3261  medications to a child in its custody, the prescribing physician
 3262  shall attempt to obtain express and informed consent, as defined
 3263  in s. 394.455 394.455(9) and as described in s. 394.459(3)
 3264  394.459(3)(a), from the child's parent or legal guardian. The
 3265  department shall must take steps necessary to facilitate the
 3266  inclusion of the parent in the child's consultation with the
 3267  physician. However, if the parental rights of the parent have
 3268  been terminated, the parent's location or identity is unknown or
 3269  cannot reasonably be ascertained, or the parent declines to give
 3270  express and informed consent, the department may, after
 3271  consultation with the prescribing physician, seek court
 3272  authorization to provide the psychotropic medications to the
 3273  child. Unless parental rights have been terminated and if it is
 3274  possible to do so, the department shall continue to involve the
 3275  parent in the decisionmaking process regarding the provision of
 3276  psychotropic medications. If, at any time, a parent whose
 3277  parental rights have not been terminated provides express and
 3278  informed consent to the provision of a psychotropic medication,
 3279  the requirements of this section that the department seek court
 3280  authorization do not apply to that medication until such time as
 3281  the parent no longer consents.
 3282         2. If Any time the department seeks a medical evaluation to
 3283  determine the need to initiate or continue a psychotropic
 3284  medication for a child, the department must provide to the
 3285  evaluating physician all pertinent medical information known to
 3286  the department concerning that child.
 3287         Section 37. Subsection (3) of section 394.495, Florida
 3288  Statutes, is amended to read:
 3289         394.495 Child and adolescent mental health system of care;
 3290  programs and services.—
 3291         (3) Assessments shall must be performed by:
 3292         (a) A clinical psychologist, clinical social worker,
 3293  physician, psychiatric nurse, or psychiatrist professional as
 3294  defined in s. 394.455 394.455(2), (4), (21), (23), or (24);
 3295         (b) A professional licensed under chapter 491; or
 3296         (c) A person who is under the direct supervision of a
 3297  professional listed in paragraph (a) or paragraph (b) as defined
 3298  in s. 394.455(2), (4), (21), (23), or (24) or a professional
 3299  licensed under chapter 491.
 3300  
 3301  The department shall adopt by rule statewide standards for
 3302  mental health assessments, which are must be based on current
 3303  relevant professional and accreditation standards.
 3304         Section 38. Subsection (6) of section 394.496, Florida
 3305  Statutes, is amended to read:
 3306         394.496 Service planning.—
 3307         (6)  A clinical psychologist, clinical social worker,
 3308  physician, psychiatric nurse, or psychiatrist professional as
 3309  defined in s. 394.455, 394.455(2), (4), (21), (23), or (24) or a
 3310  professional licensed under chapter 491, must be included among
 3311  those persons developing the services plan.
 3312         Section 39. Subsection (6) of section 394.9085, Florida
 3313  Statutes, is amended to read:
 3314         394.9085 Behavioral provider liability.—
 3315         (6) For purposes of this section, the terms “detoxification
 3316  program,” “addictions receiving facility,” and “receiving
 3317  facility” have the same meanings as those provided in ss.
 3318  397.311(18)(b), 397.311(18)(a), and 394.455 394.455(26),
 3319  respectively.
 3320         Section 40. Paragraph (d) of subsection (1) of section
 3321  419.001, Florida Statutes, is amended to read:
 3322         419.001 Site selection of community residential homes.—
 3323         (1) For the purposes of this section, the following
 3324  definitions shall apply:
 3325         (d) “Resident” means any of the following: a frail elder as
 3326  defined in s. 429.65; a physically disabled or handicapped
 3327  person as defined in s. 760.22(7)(a); a developmentally disabled
 3328  person as defined in s. 393.063; a nondangerous individual who
 3329  has a mental illness as defined in s. 394.455 mentally ill
 3330  person as defined in s. 394.455(18); or a child who is found to
 3331  be dependent as defined in s. 39.01 or s. 984.03, or a child in
 3332  need of services as defined in s. 984.03 or s. 985.03.
 3333         Section 41. Subsection (7) of section 744.704, Florida
 3334  Statutes, is amended to read:
 3335         744.704 Powers and duties.—
 3336         (7) A public guardian may shall not commit a ward to a
 3337  mental health treatment facility, as defined in s. 394.455
 3338  394.455(32), without an involuntary placement proceeding as
 3339  provided by law.
 3340         Section 42. This act shall take effect July 1, 2009.