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
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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
767-124-02
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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1 unusual events or injuries, and procedures for use of
2 restraints.
3 Section 3. This act shall take effect July 1, 2002.
4
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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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