Senate Bill 1012

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    Florida Senate - 1998                                  SB 1012

    By Senator Gutman





    34-504A-98

  1                      A bill to be entitled

  2         An act relating to mental health; creating the

  3         "Robert Newman and Stuart Simon Act"; amending

  4         s. 394.463, F.S.; providing for court hearings

  5         on requests for ex parte orders for involuntary

  6         examination of mentally ill persons; providing

  7         for findings; providing for rescission of

  8         orders under certain circumstances; providing

  9         for release of persons being held for

10         examination; providing penalties; prohibiting

11         the administration of certain drugs during

12         examinations; prohibiting certain activities

13         related to involuntary examination orders;

14         amending s. 394.4599, F.S.; requiring receiving

15         facilities to provide notice to parents or

16         guardians of minors being held for examination;

17         providing an effective date.

18

19  Be It Enacted by the Legislature of the State of Florida:

20

21         Section 1.  This act may be cited as the "Robert Newman

22  and Stuart Simon Act."

23         Section 2.  Present paragraph (f) of subsection (2) of

24  section 394.463, Florida Statutes, is amended, present

25  paragraphs (b) through (i) of that subsection are redesignated

26  as paragraphs (c) through (j), respectively, a new paragraph

27  (b) is added to that subsection, and a subsection (4) is added

28  to that section, to read:

29         394.463  Involuntary examination.--

30         (2)  INVOLUNTARY EXAMINATION.--

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    Florida Senate - 1998                                  SB 1012
    34-504A-98




  1         (b)  The court, at its discretion, may order a hearing

  2  on a request for an ex parte order for involuntary examination

  3  of a mentally ill person before entering such order, or at any

  4  time thereafter while the person is being held for examination

  5  at a receiving facility or its contractor. If, at the hearing,

  6  the court finds that the person does not appear to meet the

  7  criteria for involuntary examination as provided in this

  8  section, the court shall rescind the ex parte order, if any

  9  has been entered, and notify the receiving facility or its

10  contractor to release the person being held. The court may

11  further find that sworn testimony leading to an ex parte order

12  was perjured, and may impose the penalty for perjury

13  prescribed by law.  In addition to any other penalty allowed,

14  the court may impose an administrative fine, not to exceed

15  $10,000, upon any person who knowingly requested an ex parte

16  order for the involuntary examination of a person who does not

17  meet the criteria for involuntary examination provided in this

18  section.

19         (g)(f)  A patient shall be examined by a physician or

20  clinical psychologist at a receiving facility without

21  unnecessary delay and may, during the involuntary examination,

22  upon the order of a physician, be given emergency treatment if

23  it is determined that such treatment is necessary for the

24  safety of the patient or others. However, a patient may not be

25  administered a psychotropic drug immediately before or during

26  the involuntary examination without a court order, unless the

27  actions of the patient endanger the health or safety of the

28  patient or others or the patient's treatment regimen,

29  including medications, is known to the facility personnel and

30  clinical evidence supports administering medication. The

31  patient may shall not be released by the receiving facility or

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    Florida Senate - 1998                                  SB 1012
    34-504A-98




  1  its contractor without the documented approval of a

  2  psychiatrist or clinical psychologist, except pursuant to

  3  notice of rescission of an ex parte order as provided in

  4  paragraph (b).  However, a patient may not be held in a

  5  receiving facility for involuntary examination longer than 72

  6  hours.

  7         (4)  UNLAWFUL ACTIVITIES RELATING TO OBTAINING ORDER

  8  FOR INVOLUNTARY EXAMINATION OR TREATMENT; PENALTIES.--

  9         (a)  A person who knowingly furnishes false information

10  for the purpose of obtaining emergency or other involuntary

11  examination or treatment for any person commits a misdemeanor

12  of the first degree, punishable as provided in s. 775.082 and

13  by a fine not to exceed $5,000.

14         (b)  A person who causes or otherwise secures, or

15  conspires with or assists another to cause or secure any

16  emergency or other involuntary examination or treatment of a

17  person without reason for believing the person to be mentally

18  ill commits a misdemeanor of the first degree, punishable as

19  provided in s. 775.082 and by a fine not to exceed $5,000.

20         Section 3.  Paragraph (b) of subsection (2) of section

21  394.4599, Florida Statutes, is amended to read:

22         394.4599  Notice.--

23         (2)  INVOLUNTARY PATIENTS.--

24         (b)  A receiving facility shall give prompt notice of

25  the whereabouts of a patient who is being involuntarily held

26  for examination, by telephone or in person within 24 hours

27  after the patient's arrival at the facility, unless the

28  patient, if an adult, requests that no notification be made.

29  The facility must attempt to provide immediate notification of

30  the whereabouts of any minor patient to the parents or

31  guardian of the patient. If the parent or guardian is not

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    Florida Senate - 1998                                  SB 1012
    34-504A-98




  1  immediately located, the facility must reattempt to locate the

  2  parent or guardian at least every 6 days. Contact attempts

  3  shall be documented in the patient's clinical record and shall

  4  begin as soon as reasonably possible after the patient's

  5  arrival.  Notice that a patient is being admitted as an

  6  involuntary patient shall be given to the local human rights

  7  advocacy committee no later than the next working day after

  8  the patient is admitted.

  9         Section 4.  This act shall take effect upon becoming a

10  law.

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13                          SENATE SUMMARY

14
      Provides for a hearing, at the discretion of the court,
15    on a request for an ex parte order for involuntary
      examination of a mentally ill person. Provides for court
16    findings that the person does not meet the criteria for
      involuntary examination and that the request for the ex
17    parte order was made by perjured testimony or a knowing
      misrepresentation of a person as meeting the criteria for
18    involuntary examination. Provides for rescission of
      orders entered under such circumstances and for release
19    of patients held pursuant to such orders. Authorizes the
      court to impose the penalty for perjury and an
20    administrative fine of up to $10,000. Prohibits the
      administration of certain drugs during examinations.
21    Prohibits certain activities in actions to obtain
      involuntary examination or treatment and provides
22    penalties for violations. Requires receiving facilities
      to provide notification to the parent or guardian of a
23    minor being held for examination.

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