House Bill hb1811

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    Florida House of Representatives - 2002                HB 1811

        By Representative Harrell






  1                      A bill to be entitled

  2         An act relating to mental health; amending s.

  3         394.4597, F.S.; requiring a mental health

  4         receiving facility to provide information

  5         regarding the patient's representative to the

  6         person or facility that initiated the patient's

  7         involuntary examination or admission;

  8         authorizing such person or facility to disclose

  9         the whereabouts of the patient to the patient's

10         representative; amending s. 394.462, F.S.;

11         clarifying provisions relating to

12         transportation of a patient to a mental health

13         receiving facility for involuntary examination;

14         revising circumstances under which law

15         enforcement is required to, or may decline to,

16         take custody and provide such transportation;

17         providing certain minimum standards for

18         companies contracting to transport patients;

19         providing an effective date.

20

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

22

23         Section 1.  Paragraphs (f) and (g) are added to

24  subsection (2) of section 394.4597, Florida Statutes, to read:

25         394.4597  Persons to be notified; patient's

26  representative.--

27         (2)  INVOLUNTARY PATIENTS.--

28         (f)  Notwithstanding any other law regarding the

29  patient's right to confidentiality of medical information, the

30  receiving facility shall promptly notify the family member,

31  provider, or facility that initiated the patient's involuntary

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    Florida House of Representatives - 2002                HB 1811

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  1  examination or admission of the name and telephone number of

  2  the patient's representative.

  3         (g)  Notwithstanding any other law regarding the

  4  patient's right to confidentiality of medical information, the

  5  family member, provider, or facility that initiated the

  6  patient's involuntary examination or admission is authorized

  7  to disclose the whereabouts of the patient to the patient's

  8  representative.

  9         Section 2.  Paragraphs (a), (c), (g), (j), and (k) of

10  subsection (1) and paragraph (c) of subsection (2) of section

11  394.462, Florida Statutes, are amended to read:

12         394.462  Transportation.--

13         (1)  TRANSPORTATION TO A RECEIVING FACILITY.--

14         (a)  Each county shall designate a single law

15  enforcement agency within the county, or portions thereof, to

16  promptly take a person into custody upon the entry of an ex

17  parte order or the execution of a certificate for involuntary

18  examination by an authorized professional and to transport

19  that person to the nearest receiving facility for examination.

20  Unless otherwise specified in the ex parte order or the

21  certificate for involuntary examination, the designated law

22  enforcement agency may decline to take custody of and

23  transport the person to a receiving facility only if:

24         1.  The governing board of the county or the law

25  enforcement agency jurisdiction designated by the county has

26  contracted on an annual basis with an emergency medical

27  transport service or private transport company for

28  transportation of persons to receiving facilities pursuant to

29  this section at the sole cost of the county; and

30         2.  The law enforcement agency and the emergency

31  medical transport service or private transport company has

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    Florida House of Representatives - 2002                HB 1811

    767-124-02






  1  promptly taken custody of the person and has determined agree

  2  that the continued presence of law enforcement personnel is

  3  not necessary for the safety of the person or others.

  4         3.  The county or the law enforcement agency

  5  jurisdiction designated by the county may seek reimbursement

  6  for transportation expenses.  The party responsible for

  7  payment for such transportation is the person receiving the

  8  transportation.  The county or the law enforcement agency

  9  designated by the county shall seek reimbursement from the

10  following sources in the following order:

11         a.  From an insurance company, health care corporation,

12  or other source, if the person receiving the transportation is

13  covered by an insurance policy or subscribes to a health care

14  corporation or other source for payment of such expenses.

15         b.  From the person receiving the transportation.

16         c.  From a financial settlement for medical care,

17  treatment, hospitalization, or transportation payable or

18  accruing to the injured party.

19         (c)  Any company that contracts with a governing board

20  of a county or a law enforcement agency to transport patients

21  shall comply with the applicable rules of the department to

22  ensure the safety and dignity of the patients. The rules shall

23  require minimum standards for the vehicle, training of

24  personnel who have the responsibility for transporting,

25  procedures for reporting unusual events or injuries, and

26  procedures for use of restraints.

27         (g)  When any law enforcement officer has arrested a

28  person for a felony and it appears that the person meets the

29  statutory guidelines for involuntary examination or placement

30  under this part, such person shall first be processed in the

31  same manner as any other criminal suspect.  The law

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    Florida House of Representatives - 2002                HB 1811

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  1  enforcement agency shall thereafter immediately notify the

  2  nearest public receiving facility, which shall be responsible

  3  for promptly arranging for the examination and treatment of

  4  the person.  A receiving facility is not required to admit a

  5  person charged with a crime for whom the facility determines

  6  and documents that it is unable to provide adequate security,

  7  but shall provide mental health examination by a physician or

  8  a clinical psychologist and treatment to the person where he

  9  or she is held.

10         (j)  The nearest receiving facility must accept persons

11  brought for involuntary examination by law enforcement

12  officers or an emergency medical transport service or private

13  transport company pursuant to this section for involuntary

14  examination.

15         (k)  When a governing board of a county or a law

16  enforcement agency jurisdiction has entered into a contract

17  with an emergency medical transport service or a private

18  transport company for transportation of persons to receiving

19  facilities, such service or company shall be given preference

20  for transportation of persons from nursing homes, assisted

21  living facilities, adult day care centers, or adult

22  family-care homes, unless the behavior of the person being

23  transported is such that transportation by a law enforcement

24  officer is necessary.

25         (2)  TRANSPORTATION TO A TREATMENT FACILITY.--

26         (c)  Any company that contracts with the governing

27  board of a county to transport patients shall comply with the

28  applicable rules of the department to ensure the safety and

29  dignity of the patients. The rules shall require minimum

30  standards for the vehicle, training of personnel who have the

31  responsibility for transporting, procedures for reporting

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    Florida House of Representatives - 2002                HB 1811

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  1  unusual events or injuries, and procedures for use of

  2  restraints.

  3         Section 3.  This act shall take effect July 1, 2002.

  4

  5            *****************************************

  6                          HOUSE SUMMARY

  7
      Requires a mental health receiving facility to promptly
  8    notify the family member, provider, or facility that
      initiated a patient's involuntary examination or
  9    admission of the name and telephone number of the
      patient's representative. Authorizes such person,
10    provider, or facility to disclose the whereabouts of the
      patient to the patient's representative. Clarifies
11    provisions relating to transportation of a patient to a
      mental health receiving facility for involuntary
12    examination. Revises circumstances under which law
      enforcement is required to, or may decline to, take
13    custody of a patient and provide such transportation.
      Requires certain minimum standards relating to vehicles,
14    personnel training, reporting of injuries, and use of
      restraints for companies contracting to transport
15    patients.

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