Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 1544
       
       
       
       
       
       
                                Ì200818,Î200818                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 22 - 357
    4  and insert:
    5         (2) “Clinical psychologist” means a psychologist as defined
    6  in s. 490.003(7) with 3 years of postdoctoral experience in the
    7  practice of clinical psychology, inclusive of the experience
    8  required for licensure, or a psychologist employed by a facility
    9  operated by the United States Department of Veterans Affairs
   10  that qualifies as a receiving or treatment facility under this
   11  part.
   12         (3) “Clinical record” means all parts of the record
   13  required to be maintained and includes all medical records,
   14  progress notes, charts, and admission and discharge data, and
   15  all other information recorded by a facility which pertains to
   16  the patient’s hospitalization or treatment.
   17         (4) “Clinical social worker” means a person licensed as a
   18  clinical social worker under chapter 491.
   19         (5) “Community facility” means any community service
   20  provider contracting with the department to furnish substance
   21  abuse or mental health services under part IV of this chapter.
   22         (6) “Community mental health center or clinic” means a
   23  publicly funded, not-for-profit center which contracts with the
   24  department for the provision of inpatient, outpatient, day
   25  treatment, or emergency services.
   26         (7) “Court,” unless otherwise specified, means the circuit
   27  court.
   28         (8) “Department” means the Department of Children and
   29  Families Family Services.
   30         (10)(9) “Express and informed consent” means consent
   31  voluntarily given in writing, by a competent person, after
   32  sufficient explanation and disclosure of the subject matter
   33  involved to enable the person to make a knowing and willful
   34  decision without any element of force, fraud, deceit, duress, or
   35  other form of constraint or coercion.
   36         (11)(10) “Facility” means any hospital, community facility,
   37  public or private facility, or receiving or treatment facility
   38  providing for the evaluation, diagnosis, care, treatment,
   39  training, or hospitalization of persons who appear to have a
   40  mental illness or have been diagnosed as having a mental
   41  illness. The term “Facility” does not include any program or
   42  entity licensed pursuant to chapter 400 or chapter 429.
   43         (12)(11) “Guardian” means the natural guardian of a minor,
   44  or a person appointed by a court to act on behalf of a ward’s
   45  person if the ward is a minor or has been adjudicated
   46  incapacitated.
   47         (13)(12) “Guardian advocate” means a person appointed by a
   48  court to make decisions regarding mental health treatment on
   49  behalf of a patient who has been found incompetent to consent to
   50  treatment pursuant to this part. The guardian advocate may be
   51  granted specific additional powers by written order of the
   52  court, as provided in this part.
   53         (14)(13) “Hospital” means a facility as defined in s.
   54  395.002 and licensed under chapter 395 and part II of chapter
   55  408.
   56         (15)(14) “Incapacitated” means that a person has been
   57  adjudicated incapacitated pursuant to part V of chapter 744 and
   58  a guardian of the person has been appointed.
   59         (16)(15) “Incompetent to consent to treatment” means that a
   60  person’s judgment is so affected by his or her mental illness
   61  that the person lacks the capacity to make a well-reasoned,
   62  willful, and knowing decision concerning his or her medical or
   63  mental health treatment.
   64         (19)(16) “Law enforcement officer” means a law enforcement
   65  officer as defined in s. 943.10.
   66         (22)(17) “Mental health overlay program” means a mobile
   67  service which provides an independent examination for voluntary
   68  admissions and a range of supplemental onsite services to
   69  persons with a mental illness in a residential setting such as a
   70  nursing home, assisted living facility, adult family-care home,
   71  or nonresidential setting such as an adult day care center.
   72  Independent examinations provided pursuant to this part through
   73  a mental health overlay program must only be provided under
   74  contract with the department for this service or be attached to
   75  a public receiving facility that is also a community mental
   76  health center.
   77         (23)(18) “Mental illness” means an impairment of the mental
   78  or emotional processes that exercise conscious control of one’s
   79  actions or of the ability to perceive or understand reality,
   80  which impairment substantially interferes with the person’s
   81  ability to meet the ordinary demands of living. For the purposes
   82  of this part, the term does not include a developmental
   83  disability as defined in chapter 393, intoxication, or
   84  conditions manifested only by antisocial behavior or substance
   85  abuse impairment.
   86         (24)(19) “Mobile crisis response service” means a
   87  nonresidential crisis service attached to a public receiving
   88  facility and available 24 hours a day, 7 days a week, through
   89  which immediate intensive assessments and interventions,
   90  including screening for admission into a receiving facility,
   91  take place for the purpose of identifying appropriate treatment
   92  services.
   93         (25)(20) “Patient” means any person who is held or accepted
   94  for mental health treatment.
   95         (26)(21) “Physician” means a medical practitioner licensed
   96  under chapter 458 or chapter 459 who has experience in the
   97  diagnosis and treatment of mental and nervous disorders or a
   98  physician employed by a facility operated by the United States
   99  Department of Veterans Affairs which qualifies as a receiving or
  100  treatment facility under this part.
  101         (27) “Physician assistant” means a physician assistant
  102  licensed under chapter 458 or chapter 459 who has experience
  103  regarding the diagnosis and treatment of mental and nervous
  104  disorders and such tasks as are within the supervising
  105  physician’s scope of practice.
  106         (28)(22) “Private facility” means any hospital or facility
  107  operated by a for-profit or not-for-profit corporation or
  108  association that provides mental health services and is not a
  109  public facility.
  110         (29)(23) “Psychiatric nurse” means a registered nurse
  111  licensed under part I of chapter 464 who has a master’s degree
  112  or a doctorate in psychiatric nursing and 2 years of post
  113  master’s clinical experience under the supervision of a
  114  physician.
  115         (30)(24) “Psychiatrist” means a medical practitioner
  116  licensed under chapter 458 or chapter 459 who has primarily
  117  diagnosed and treated mental and nervous disorders for a period
  118  of not less than 3 years, inclusive of psychiatric residency.
  119         (31)(25) “Public facility” means any facility that has
  120  contracted with the department to provide mental health services
  121  to all persons, regardless of their ability to pay, and is
  122  receiving state funds for such purpose.
  123         (32)(26) “Receiving facility” means any public or private
  124  facility designated by the department to receive and hold
  125  involuntary patients under emergency conditions or for
  126  psychiatric evaluation and to provide short-term treatment. The
  127  term does not include a county jail.
  128         (33)(27) “Representative” means a person selected to
  129  receive notice of proceedings during the time a patient is held
  130  in or admitted to a receiving or treatment facility.
  131         (34)(28)(a) “Restraint” means a physical device, method, or
  132  drug used to control behavior. A physical restraint is any
  133  manual method or physical or mechanical device, material, or
  134  equipment attached or adjacent to the individual’s body so that
  135  he or she cannot easily remove the restraint and which restricts
  136  freedom of movement or normal access to one’s body.
  137         (b) A drug used as a restraint is a medication used to
  138  control the person’s behavior or to restrict his or her freedom
  139  of movement and is not part of the standard treatment regimen of
  140  a person with a diagnosed mental illness who is a client of the
  141  department. Physically holding a person during a procedure to
  142  forcibly administer psychotropic medication is a physical
  143  restraint.
  144         (c) Restraint does not include physical devices, such as
  145  orthopedically prescribed appliances, surgical dressings and
  146  bandages, supportive body bands, or other physical holding when
  147  necessary for routine physical examinations and tests; or for
  148  purposes of orthopedic, surgical, or other similar medical
  149  treatment; when used to provide support for the achievement of
  150  functional body position or proper balance; or when used to
  151  protect a person from falling out of bed.
  152         (35)(29) “Seclusion” means the physical segregation of a
  153  person in any fashion or involuntary isolation of a person in a
  154  room or area from which the person is prevented from leaving.
  155  The prevention may be by physical barrier or by a staff member
  156  who is acting in a manner, or who is physically situated, so as
  157  to prevent the person from leaving the room or area. For
  158  purposes of this chapter, the term does not mean isolation due
  159  to a person’s medical condition or symptoms.
  160         (36)(30) “Secretary” means the Secretary of Children and
  161  Families Family Services.
  162         (38)(31) “Transfer evaluation” means the process, as
  163  approved by the appropriate district office of the department,
  164  whereby a person who is being considered for placement in a
  165  state treatment facility is first evaluated for appropriateness
  166  of admission to the facility by a community-based public
  167  receiving facility or by a community mental health center or
  168  clinic if the public receiving facility is not a community
  169  mental health center or clinic.
  170         (39)(32) “Treatment facility” means any state-owned, state
  171  operated, or state-supported hospital, center, or clinic
  172  designated by the department for extended treatment and
  173  hospitalization, beyond that provided for by a receiving
  174  facility, of persons who have a mental illness, including
  175  facilities of the United States Government, and any private
  176  facility designated by the department when rendering such
  177  services to a person pursuant to the provisions of this part.
  178  Patients treated in facilities of the United States Government
  179  shall be solely those whose care is the responsibility of the
  180  United States Department of Veterans Affairs.
  181         (37)(33) “Service provider” means any public or private
  182  receiving facility, an entity under contract with the Department
  183  of Children and Families Family Services to provide mental
  184  health services, a clinical psychologist, a clinical social
  185  worker, a marriage and family therapist, a mental health
  186  counselor, a physician, a psychiatric nurse as defined in
  187  subsection (29) (23), or a community mental health center or
  188  clinic as defined in this part.
  189         (17)(34) “Involuntary examination” means an examination
  190  performed under s. 394.463 to determine if an individual
  191  qualifies for involuntary inpatient treatment under s.
  192  394.467(1) or involuntary outpatient treatment under s.
  193  394.4655(1).
  194         (18)(35) “Involuntary placement” means either involuntary
  195  outpatient treatment pursuant to s. 394.4655 or involuntary
  196  inpatient treatment pursuant to s. 394.467.
  197         (20)(36) “Marriage and family therapist” means a person
  198  licensed as a marriage and family therapist under chapter 491.
  199         (21)(37) “Mental health counselor” means a person licensed
  200  as a mental health counselor under chapter 491.
  201         (9)(38) “Electronic means” means a form of
  202  telecommunication that requires all parties to maintain visual
  203  as well as audio communication.
  204         Section 2. Paragraph (a) of subsection (2) of section
  205  394.463, Florida Statutes, is amended to read:
  206         394.463 Involuntary examination.—
  207         (2) INVOLUNTARY EXAMINATION.—
  208         (a) An involuntary examination may be initiated by any one
  209  of the following means:
  210         1. A court may enter an ex parte order stating that a
  211  person appears to meet the criteria for involuntary examination,
  212  giving the findings on which that conclusion is based. The ex
  213  parte order for involuntary examination must be based on sworn
  214  testimony, written or oral. If other less restrictive means are
  215  not available, such as voluntary appearance for outpatient
  216  evaluation, a law enforcement officer, or other designated agent
  217  of the court, shall take the person into custody and deliver him
  218  or her to the nearest receiving facility for involuntary
  219  examination. The order of the court shall be made a part of the
  220  patient’s clinical record. No fee shall be charged for the
  221  filing of an order under this subsection. Any receiving facility
  222  accepting the patient based on this order must send a copy of
  223  the order to the Agency for Health Care Administration on the
  224  next working day. The order shall be valid only until executed
  225  or, if not executed, for the period specified in the order
  226  itself. If no time limit is specified in the order, the order
  227  shall be valid for 7 days after the date that the order was
  228  signed.
  229         2. A law enforcement officer shall take a person who
  230  appears to meet the criteria for involuntary examination into
  231  custody and deliver the person or have him or her delivered to
  232  the nearest receiving facility for examination. The officer
  233  shall execute a written report detailing the circumstances under
  234  which the person was taken into custody, and the report shall be
  235  made a part of the patient’s clinical record. Any receiving
  236  facility accepting the patient based on this report must send a
  237  copy of the report to the Agency for Health Care Administration
  238  on the next working day.
  239         3. A physician, physician assistant, clinical psychologist,
  240  psychiatric nurse, mental health counselor, marriage and family
  241  therapist, or clinical social worker may execute a certificate
  242  stating that he or she has examined a person within the
  243  preceding 48 hours and finds that the person appears to meet the
  244  criteria for involuntary examination and stating the
  245  observations upon which that conclusion is based. If other less
  246  restrictive means are not available, such as voluntary
  247  appearance for outpatient evaluation, a law enforcement officer
  248  shall take the person named in the certificate into custody and
  249  deliver him or her to the nearest receiving facility for
  250  involuntary examination. The law enforcement officer shall
  251  execute a written report detailing the circumstances under which
  252  the person was taken into custody. The report and certificate
  253  shall be made a part of the patient’s clinical record. Any
  254  receiving facility accepting the patient based on this
  255  certificate must send a copy of the certificate to the Agency
  256  for Health Care Administration on the next working day.
  257         Section 3. Paragraph (a) of subsection (3) of section
  258  39.407, Florida Statutes, is amended to read:
  259         39.407 Medical, psychiatric, and psychological examination
  260  and treatment of child; physical, mental, or substance abuse
  261  examination of person with or requesting child custody.—
  262         (3)(a)1. Except as otherwise provided in subparagraph (b)1.
  263  or paragraph (e), before the department provides psychotropic
  264  medications to a child in its custody, the prescribing physician
  265  shall attempt to obtain express and informed consent, as defined
  266  in s. 394.455(9) and as described in s. 394.459(3)(a), from the
  267  child’s parent or legal guardian. The department must take steps
  268  necessary to facilitate the inclusion of the parent in the
  269  child’s consultation with the physician. However, if the
  270  parental rights of the parent have been terminated, the parent’s
  271  location or identity is unknown or cannot reasonably be
  272  ascertained, or the parent declines to give express and informed
  273  consent, the department may, after consultation with the
  274  prescribing physician, seek court authorization to provide the
  275  psychotropic medications to the child. Unless parental rights
  276  have been terminated and if it is possible to do so, the
  277  department shall continue to involve the parent in the
  278  decisionmaking process regarding the provision of psychotropic
  279  medications. If, at any time, a parent whose parental rights
  280  have not been terminated provides express and informed consent
  281  to the provision of a psychotropic medication, the requirements
  282  of this section that the department seek court authorization do
  283  not apply to that medication until such time as the parent no
  284  longer consents.
  285         2. Any time the department seeks a medical evaluation to
  286  determine the need to initiate or continue a psychotropic
  287  medication for a child, the department must provide to the
  288  evaluating physician all pertinent medical information known to
  289  the department concerning that child.
  290         Section 4. Paragraphs (a) and (c) of subsection (3) of
  291  section 394.495, Florida Statutes, are amended to read:
  292         394.495 Child and adolescent mental health system of care;
  293  programs and services.—
  294         (3) Assessments must be performed by:
  295         (a) A professional as defined in s. 394.455(2), (4), (26),
  296  (29), or (30) (21), (23), or (24);
  297         (c) A person who is under the direct supervision of a
  298  professional as defined in s. 394.455(2), (4), (26), (29), or
  299  (30) (21), (23), or (24) or a professional licensed under
  300  chapter 491.
  301  
  302  The department shall adopt by rule statewide standards for
  303  mental health assessments, which must be based on current
  304  relevant professional and accreditation standards.
  305         Section 5. Subsection (6) of section 394.496, Florida
  306  Statutes, is amended to read:
  307         394.496 Service planning.—
  308         (6) A professional as defined in s. 394.455(2), (4), (26),
  309  (29), or (30) (21), (23), or (24) or a professional licensed
  310  under chapter 491 must be included among those persons
  311  developing the services plan.
  312         Section 6. Subsection (6) of section 394.9085, Florida
  313  Statutes, is amended to read:
  314         394.9085 Behavioral provider liability.—
  315         (6) For purposes of this section, the terms “receiving
  316  facility,” “addictions receiving facility,” and “detoxification
  317  services,“addictions receiving facility,” and “receiving
  318  facility” have the same meanings as those provided in ss.
  319  394.455(32), 397.311(18)(a)1., and 397.311(18)(a)4.,
  320  397.311(18)(a)1., and 394.455(26), respectively.
  321         Section 7. Paragraph (b) of subsection (2) of section
  322  409.972, Florida Statutes, is amended to read:
  323         409.972 Mandatory and voluntary enrollment.—
  324         (2) The following Medicaid-eligible persons are exempt from
  325  mandatory managed care enrollment required by s. 409.965, and
  326  may voluntarily choose to participate in the managed medical
  327  assistance program:
  328         (b) Medicaid recipients residing in residential commitment
  329  facilities operated through the Department of Juvenile Justice
  330  or mental health treatment facilities as defined in s.
  331  394.455(39) by s. 394.455(32).
  332         Section 8. Subsection (7) of section 744.704, Florida
  333  Statutes, is amended to read:
  334         744.704 Powers and duties.—
  335         (7) A public guardian shall not commit a ward to a mental
  336  health treatment facility, as defined in s. 394.455(39)
  337  
  338  ================= T I T L E  A M E N D M E N T ================
  339  And the title is amended as follows:
  340         Delete lines 6 - 7
  341  and insert:
  342         394.463, F.S.; authorizing physician assistants to
  343         initiate