Florida Senate - 2018                                     SB 112
       
       
        
       By Senator Campbell
       
       
       
       
       
       38-00156-18                                            2018112__
    1                        A bill to be entitled                      
    2         An act relating to involuntary examinations under the
    3         Baker Act; amending s. 394.455, F.S.; defining terms;
    4         amending s. 394.463, F.S.; authorizing physician
    5         assistants and advanced registered nurse practitioners
    6         to execute a certificate under certain conditions
    7         stating that they have examined a person and find the
    8         person appears to meet the criteria for involuntary
    9         examination; amending ss. 39.407, 394.495, 394.496,
   10         394.9085, 409.972, and 744.2007, F.S.; conforming
   11         cross-references; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Present subsections (5) through (48) of section
   16  394.455, Florida Statutes, are redesignated as subsections (6)
   17  through (49), respectively, a new subsection (5) is added to
   18  that section, and present subsection (33) is amended, to read:
   19         394.455 Definitions.—As used in this part, the term:
   20         (5) “Advanced registered nurse practitioner” means a person
   21  licensed in this state to practice professional nursing and
   22  certified in advanced or specialized nursing practice, as
   23  defined in s. 464.003.
   24         (34)(33) “Physician assistant” has the same meaning as
   25  provided in s. 458.347(2) means a person licensed under chapter
   26  458 or chapter 459 who has experience in the diagnosis and
   27  treatment of mental disorders.
   28         Section 2. Paragraph (a) of subsection (2) of section
   29  394.463, Florida Statutes, is amended to read:
   30         394.463 Involuntary examination.—
   31         (2) INVOLUNTARY EXAMINATION.—
   32         (a) An involuntary examination may be initiated by any one
   33  of the following means:
   34         1. A circuit or county court may enter an ex parte order
   35  stating that a person appears to meet the criteria for
   36  involuntary examination and specifying the findings on which
   37  that conclusion is based. The ex parte order for involuntary
   38  examination must be based on written or oral sworn testimony
   39  that includes specific facts that support the findings. If other
   40  less restrictive means are not available, such as voluntary
   41  appearance for outpatient evaluation, a law enforcement officer,
   42  or other designated agent of the court, shall take the person
   43  into custody and deliver him or her to an appropriate, or the
   44  nearest, facility within the designated receiving system
   45  pursuant to s. 394.462 for involuntary examination. The order of
   46  the court shall be made a part of the patient’s clinical record.
   47  A fee may not be charged for the filing of an order under this
   48  subsection. A facility accepting the patient based on this order
   49  must send a copy of the order to the department the next working
   50  day. The order may be submitted electronically through existing
   51  data systems, if available. The order shall be valid only until
   52  the person is delivered to the facility or for the period
   53  specified in the order itself, whichever comes first. If no time
   54  limit is specified in the order, the order shall be valid for 7
   55  days after the date that the order was signed.
   56         2. A law enforcement officer shall take a person who
   57  appears to meet the criteria for involuntary examination into
   58  custody and deliver the person or have him or her delivered to
   59  an appropriate, or the nearest, facility within the designated
   60  receiving system pursuant to s. 394.462 for examination. The
   61  officer shall execute a written report detailing the
   62  circumstances under which the person was taken into custody,
   63  which must be made a part of the patient’s clinical record. Any
   64  facility accepting the patient based on this report must send a
   65  copy of the report to the department the next working day.
   66         3. A physician, physician assistant, clinical psychologist,
   67  psychiatric nurse, mental health counselor, marriage and family
   68  therapist, or clinical social worker, or an advanced registered
   69  nurse practitioner may execute a certificate stating that he or
   70  she has examined a person within the preceding 48 hours and
   71  finds that the person appears to meet the criteria for
   72  involuntary examination and stating the observations upon which
   73  that conclusion is based. If other less restrictive means, such
   74  as voluntary appearance for outpatient evaluation, are not
   75  available, a law enforcement officer shall take into custody the
   76  person named in the certificate and deliver him or her to the
   77  appropriate, or nearest, facility within the designated
   78  receiving system pursuant to s. 394.462 for involuntary
   79  examination. The law enforcement officer shall execute a written
   80  report detailing the circumstances under which the person was
   81  taken into custody. The report and certificate shall be made a
   82  part of the patient’s clinical record. Any facility accepting
   83  the patient based on this certificate must send a copy of the
   84  certificate to the department the next working day. The document
   85  may be submitted electronically through existing data systems,
   86  if applicable.
   87         Section 3. Paragraph (a) of subsection (3) of section
   88  39.407, Florida Statutes, is amended to read:
   89         39.407 Medical, psychiatric, and psychological examination
   90  and treatment of child; physical, mental, or substance abuse
   91  examination of person with or requesting child custody.—
   92         (3)(a)1. Except as otherwise provided in subparagraph (b)1.
   93  or paragraph (e), before the department provides psychotropic
   94  medications to a child in its custody, the prescribing physician
   95  shall attempt to obtain express and informed consent, as defined
   96  in s. 394.455 s. 394.455(15) and as described in s.
   97  394.459(3)(a), from the child’s parent or legal guardian. The
   98  department must take steps necessary to facilitate the inclusion
   99  of the parent in the child’s consultation with the physician.
  100  However, if the parental rights of the parent have been
  101  terminated, the parent’s location or identity is unknown or
  102  cannot reasonably be ascertained, or the parent declines to give
  103  express and informed consent, the department may, after
  104  consultation with the prescribing physician, seek court
  105  authorization to provide the psychotropic medications to the
  106  child. Unless parental rights have been terminated and if it is
  107  possible to do so, the department shall continue to involve the
  108  parent in the decisionmaking process regarding the provision of
  109  psychotropic medications. If, at any time, a parent whose
  110  parental rights have not been terminated provides express and
  111  informed consent to the provision of a psychotropic medication,
  112  the requirements of this section that the department seek court
  113  authorization do not apply to that medication until such time as
  114  the parent no longer consents.
  115         2. Any time the department seeks a medical evaluation to
  116  determine the need to initiate or continue a psychotropic
  117  medication for a child, the department must provide to the
  118  evaluating physician all pertinent medical information known to
  119  the department concerning that child.
  120         Section 4. Subsection (3) of section 394.495, Florida
  121  Statutes, is amended to read:
  122         394.495 Child and adolescent mental health system of care;
  123  programs and services.—
  124         (3) Assessments must be performed by:
  125         (a) A professional as defined in s. 394.455(6), (8), (33),
  126  (36), or (37) s. 394.455(5), (7), (32), (35), or (36);
  127         (b) A professional licensed under chapter 491; or
  128         (c) A person who is under the direct supervision of a
  129  qualified professional as defined in s. 394.455(6), (8), (33),
  130  (36), or (37) s. 394.455(5), (7), (32), (35), or (36) or a
  131  professional licensed under chapter 491.
  132         Section 5. Subsection (5) of section 394.496, Florida
  133  Statutes, is amended to read:
  134         394.496 Service planning.—
  135         (5) A professional as defined in s. 394.455(6), (8), (33),
  136  (36), or (37) s. 394.455(5), (7), (32), (35), or (36) or a
  137  professional licensed under chapter 491 must be included among
  138  those persons developing the services plan.
  139         Section 6. Subsection (6) of section 394.9085, Florida
  140  Statutes, is amended to read:
  141         394.9085 Behavioral provider liability.—
  142         (6) For purposes of this section, the terms “detoxification
  143  services,” “addictions receiving facility,” and “receiving
  144  facility” have the same meanings as those provided in ss.
  145  397.311(26)(a)4., 397.311(26)(a)1., and 394.455(40) 394.455(39),
  146  respectively.
  147         Section 7. Paragraph (b) of subsection (1) of section
  148  409.972, Florida Statutes, is amended to read:
  149         409.972 Mandatory and voluntary enrollment.—
  150         (1) The following Medicaid-eligible persons are exempt from
  151  mandatory managed care enrollment required by s. 409.965, and
  152  may voluntarily choose to participate in the managed medical
  153  assistance program:
  154         (b) Medicaid recipients residing in residential commitment
  155  facilities operated through the Department of Juvenile Justice
  156  or a treatment facility as defined in s. 394.455(48) s.
  157  394.455(47).
  158         Section 8. Subsection (7) of section 744.2007, Florida
  159  Statutes, is amended to read:
  160         744.2007 Powers and duties.—
  161         (7) A public guardian may not commit a ward to a treatment
  162  facility, as defined in s. 394.455(48) s. 394.455(47), without
  163  an involuntary placement proceeding as provided by law.
  164         Section 9. This act shall take effect July 1, 2018.