Florida Senate - 2014                                    SB 1584
       
       
        
       By Senator Abruzzo
       
       
       
       
       
       25-00495E-14                                          20141584__
    1                        A bill to be entitled                      
    2         An act relating to the Baker Act; requiring the
    3         Department of Children and Families to create a work
    4         group to provide recommendations relating to revision
    5         of the Baker Act; requiring the work group to make
    6         recommendations on specified topics; providing for
    7         membership of the work group; providing for meetings;
    8         requiring the work group to meet by a specified date;
    9         requiring a review of draft recommendations by a
   10         specified date; requiring the work group to submit a
   11         report to specified entities and the Legislature by a
   12         specified date; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Work group to improve operational effectiveness
   17  of the Baker Act.—The Department of Children and Families shall
   18  create a work group to evaluate methods to improve the
   19  operational effectiveness of the Baker Act and recommend changes
   20  to existing laws, rules, and agency policies needed to implement
   21  the work group’s recommendations.
   22         (1) At a minimum, the work group shall evaluate and make
   23  recommendations on the following:
   24         (a) The timeframe for initial assessment, including whether
   25  the timeframe should be lengthened.
   26         (b) The use of advanced registered nurse practitioners to
   27  rescind Baker Act commitments.
   28         (c) The use of telemedicine for patient evaluation, case
   29  management, and ongoing care and the recommendation by the
   30  courts on the use of telemedicine to improve management of
   31  patient care and to reduce costs of transportation and public
   32  safety.
   33         (d) The 7-day requirement for followup care and its
   34  applicability to outpatient providers.
   35         (e) Other areas deemed by the work group to improve the
   36  operational effectiveness of the act.
   37         (2) The work group shall consist of the following
   38  stakeholders:
   39         (a) A representative of the Department of Children and
   40  Families, appointed by the department, who shall serve as chair.
   41         (b) Two representatives of public receiving facilities and
   42  two representatives of specialty hospitals, appointed by the
   43  Florida Hospital Association.
   44         (c) Two representatives of crisis stabilization units,
   45  appointed by the Department of Children and Families.
   46         (d) A representative of law enforcement agencies, appointed
   47  by the Florida Sheriffs Association.
   48         (e) A member of the judiciary who regularly evaluates Baker
   49  Act cases, appointed by the Florida Supreme Court.
   50         (f) A public defender, appointed by the Florida Public
   51  Defender Association.
   52         (g) A state attorney, appointed by the Florida Prosecuting
   53  Attorneys Association.
   54         (h) A physician who provides care in a Baker Act receiving
   55  facility, appointed by the Florida Medical Association.
   56         (i) A physician who regularly screens patients who meet the
   57  Baker Act criteria, appointed by the Florida College of
   58  Emergency Physicians.
   59         (j) A representative from a managing entity, appointed by
   60  the Department of Children and Families.
   61         (k) A representative of the Agency for Health Care
   62  Administration, appointed by the agency.
   63         (l) Two representatives of the Florida Council for
   64  Community Mental Health, appointed by the council.
   65         (m) An advanced registered nurse practitioner who works in
   66  a Baker Act receiving facility and who treats patients who meet
   67  the Baker Act criteria, appointed by the Florida Nurses
   68  Association.
   69         (n) Two advanced registered nurse practitioners who are
   70  nationally certified in mental health, appointed by the Florida
   71  Association of Nurse Practitioners.
   72         (3) The work group shall meet in Tallahassee and shall
   73  determine the frequency of its meetings. Individual work group
   74  members are responsible for their travel expenses.
   75         (4) Members of the work group shall be appointed by June 1,
   76  2014, and the first meeting of the work group shall take place
   77  before July 1, 2014. The work group shall review a draft of its
   78  recommendations before September 1, 2014. By November 1, 2014,
   79  the work group shall provide a final report to the Secretary of
   80  Children and Families, the Secretary of the Agency for Health
   81  Care Administration, the President of the Senate, and the
   82  Speaker of the House of Representatives. The report must include
   83  the work group’s findings and recommended statutory and
   84  administrative rule changes.
   85         Section 2. This act shall take effect upon becoming a law.