Senate Bill sb0340c1

    Florida Senate - 2003                            CS for SB 340

    By the Committee on Judiciary; and Senator Lynn





    308-2010-03

  1                      A bill to be entitled

  2         An act relating to involuntary commitment under

  3         the Baker Act; amending s. 394.463, F.S.;

  4         providing that a patient admitted for

  5         involuntary examination to a hospital may not

  6         be released without the approval of the

  7         emergency department physician and completion

  8         of a mental health screening; providing an

  9         effective date.

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

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13         Section 1.  Paragraph (f) of subsection (2) of section

14  394.463, Florida Statutes, is amended to read:

15         394.463  Involuntary examination.--

16         (2)  INVOLUNTARY EXAMINATION.--

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

18  clinical psychologist at a receiving facility without

19  unnecessary delay and may, upon the order of a physician, be

20  given emergency treatment if it is determined that such

21  treatment is necessary for the safety of the patient or

22  others.  The patient may shall not be released by the

23  receiving facility or its contractor without the documented

24  approval of a psychiatrist, a or clinical psychologist, or, if

25  the receiving facility is a hospital, an attending emergency

26  department physician with experience in the diagnosis and

27  treatment of mental and nervous disorders and after completion

28  of a mental health screening pursuant to s. 394.463(2).

29  However, a patient may not be held in a receiving facility for

30  involuntary examination longer than 72 hours.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 340
    308-2010-03




 1         Section 2.  This act shall take effect upon becoming a

 2  law.

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 4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 5                              SB 340

 6                                 

 7  Qualifies that a hospital emergency department physician only
    has authority to release a patient involuntarily detained
 8  under the Baker Act if the physician has diagnostic and
    treatment experience in mental and nervous disorders, the
 9  patient has already undergone medical screening and the
    hospital is designated as a receiving facility.
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CODING: Words stricken are deletions; words underlined are additions.