Senate Bill 1012c1

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    Florida Senate - 1998                           CS for SB 1012

    By the Committee on Judiciary and Senator Gutman





    308-2083-98

  1                      A bill to be entitled

  2         An act relating to mental health; creating the

  3         "Robert Newman and Stuart Simon Act of 1998";

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

  5         hearings on requests for ex parte orders for

  6         involuntary examination of mentally ill

  7         persons; providing for findings; providing for

  8         rescission of orders under certain

  9         circumstances; providing for release of persons

10         being held for examination; prohibiting certain

11         administration of drugs without informed

12         consent or a court order; providing an

13         exception; providing penalties; amending s.

14         394.4599, F.S.; requiring certain notice to the

15         parent or guardian when a minor is

16         involuntarily held; providing an effective

17         date.

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

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

22  and Stuart Simon Act of 1998."

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

24  section 394.463, Florida Statutes, is amended, present

25  paragraphs (b) through (i) are redesignated as paragraphs (c)

26  through (j), respectively, a new paragraph (b) is added to

27  said subsection, and subsection (4) is added to said section,

28  to read:

29         394.463  Involuntary examination.--

30         (2)  INVOLUNTARY EXAMINATION.--

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    Florida Senate - 1998                           CS for SB 1012
    308-2083-98




  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. A hearing

  6  authorized under this paragraph shall be held on an expedited

  7  basis. If, at the hearing, the court finds that the person

  8  does not appear to meet the criteria for involuntary

  9  examination as provided in this section, the court shall

10  rescind the ex parte order, if any has been entered, and

11  notify the receiving facility or its contractor to release the

12  person being held.

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

14  clinical psychologist at a receiving facility without

15  unnecessary delay and may, during the involuntary examination,

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

17  it is determined that such treatment is necessary for the

18  safety of the patient or others.  However, no patient may be

19  administered a psychotropic drug immediately prior to or

20  during the involuntary examination without informed consent or

21  a court order, unless the actions of the patient endanger the

22  health or safety of the patient or others, or unless the

23  patient's treatment regimen, including medications, is known

24  to the facility personnel and clinical evidence exists for

25  administering medication.  The patient shall not be released

26  by the receiving facility or its contractor without the

27  documented approval of a psychiatrist or clinical

28  psychologist, except pursuant to notice of rescission of an ex

29  parte order as provided in paragraph (b). However, a patient

30  may not be held in a receiving facility for involuntary

31  examination longer than 72 hours.

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    Florida Senate - 1998                           CS for SB 1012
    308-2083-98




  1         (4)  UNLAWFUL ACTIVITIES RELATING TO OBTAINING ORDER

  2  FOR INVOLUNTARY EXAMINATION OR TREATMENT; PENALTIES.--

  3         (a)  A person who knowingly furnishes false information

  4  for the purpose of obtaining emergency or other involuntary

  5  examination or treatment for any person commits a misdemeanor

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

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

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

  9  conspires with or assists another to cause or secure, without

10  reason for believing a person to be mentally ill, any

11  emergency or other involuntary procedure for the person

12  commits a misdemeanor of the first degree, punishable as

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

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

15  394.4599, Florida Statutes, is amended to read:

16         394.4599  Notice.--

17         (2)  INVOLUNTARY PATIENTS.--

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

19  the whereabouts of a patient who is being involuntarily held

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

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

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

23  With respect to a minor, the receiving or psychiatric facility

24  must attempt to provide immediate notice of the whereabouts of

25  the patient to the parent or guardian. If the parent or

26  guardian cannot be immediately located, attempts to notify

27  must be repeated at least every 6 hours until notification is

28  effected. Contact attempts shall be documented in the

29  patient's clinical record and shall begin as soon as

30  reasonably possible after the patient's arrival.  Notice that

31  a patient is being admitted as an involuntary patient shall be

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    Florida Senate - 1998                           CS for SB 1012
    308-2083-98




  1  given to the local human rights advocacy committee no later

  2  than the next working day after the patient is admitted.

  3         Section 4.  This act shall take effect October 1, 1998.

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  5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  6                         Senate Bill 1012

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  8  The Committee Substitute for Senate Bill 1012:

  9  -    Deletes provisions for an administrative fine.

10  -    Requires that hearings be held on an expedited basis.

11  -    Corrects a technical error, requiring repeat attempts to
         locate the parent or guardian of a minor who is held for
12       examination every 6 hours, not every 6 days.

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