1 | Representative Simmons offered the following: |
2 |
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3 | Amendment to Amendment (866277) (with title amendment) |
4 | Remove line(s) 97-188 and insert: |
5 | Section 4. Effective July 1, 2005, paragraph (a) of |
6 | subsection (2) of section 394.463, Florida Statutes, is amended |
7 | to read: |
8 | 394.463 Involuntary examination.-- |
9 | (2) INVOLUNTARY EXAMINATION.-- |
10 | (a) An involuntary examination may be initiated by any one |
11 | of the following means: |
12 | 1. A court may enter an ex parte order stating that a |
13 | person appears to meet the criteria for involuntary examination, |
14 | giving the findings on which that conclusion is based. The ex |
15 | parte order for involuntary examination must be based on sworn |
16 | testimony, written or oral. If other less restrictive means are |
17 | not available, such as voluntary appearance for outpatient |
18 | evaluation, a law enforcement officer, or other designated agent |
19 | of the court, shall take the person into custody and deliver him |
20 | or her to the nearest receiving facility for involuntary |
21 | examination. The order of the court shall be made a part of the |
22 | patient's clinical record. No fee shall be charged for the |
23 | filing of an order under this subsection. Any receiving |
24 | facility accepting the patient based on this order must send a |
25 | copy of the order to the Agency for Health Care Administration |
26 | on the next working day. The order shall be valid only until |
27 | executed or, if not executed, for the period specified in the |
28 | order itself. If no time limit is specified in the order, the |
29 | order shall be valid for 7 days after the date that the order |
30 | was signed. |
31 | 2. A law enforcement officer shall take a person who |
32 | appears to meet the criteria for involuntary examination into |
33 | custody and deliver the person or have him or her delivered to |
34 | the nearest receiving facility for examination. The officer |
35 | shall execute a written report detailing the circumstances under |
36 | which the person was taken into custody, and the report shall be |
37 | made a part of the patient's clinical record. Any receiving |
38 | facility accepting the patient based on this report must send a |
39 | copy of the report to the Agency for Health Care Administration |
40 | on the next working day. |
41 | 3. A physician, clinical psychologist, psychiatric nurse, |
42 | mental health counselor, or clinical social worker may execute a |
43 | certificate stating that he or she has examined a person within |
44 | the preceding 48 hours and finds that the person appears to meet |
45 | the criteria for involuntary examination and stating the |
46 | observations upon which that conclusion is based. If other less |
47 | restrictive means are not available, such as voluntary |
48 | appearance for outpatient evaluation, a law enforcement officer |
49 | shall take the person named in the certificate into custody and |
50 | deliver him or her to the nearest receiving facility for |
51 | involuntary examination. The law enforcement officer shall |
52 | execute a written report detailing the circumstances under which |
53 | the person was taken into custody. The report and certificate |
54 | shall be made a part of the patient's clinical record. Any |
55 | receiving facility accepting the patient based on this |
56 | certificate must send a copy of the certificate to the Agency |
57 | for Health Care Administration on the next working day. |
58 | Section 5. Effective January 1, 2005, subsection (1) and |
59 | paragraphs (e), (g), and (i) of subsection (2) of section |
60 | 394.463, Florida Statutes, are amended to read: |
61 | 394.463 Involuntary examination.-- |
62 | (1) CRITERIA.--A person may be taken to a receiving |
63 | facility for involuntary examination if there is reason to |
64 | believe that the person has a mental illness he or she is |
65 | mentally ill and because of his or her mental illness: |
66 | (a)1. The person has refused voluntary examination after |
67 | conscientious explanation and disclosure of the purpose of the |
68 | examination; or |
69 | 2. The person is unable to determine for himself or |
70 | herself whether examination is necessary; and |
71 | (b)1. Without care or treatment, the person is likely to |
72 | suffer from neglect or refuse to care for himself or herself; |
73 | such neglect or refusal poses a real and present threat of |
74 | substantial harm to his or her well-being; and it is not |
75 | apparent that such harm may be avoided through the help of |
76 | willing family members or friends or the provision of other |
77 | services; or |
78 | 2. There is a substantial likelihood that without care or |
79 | treatment the person will cause serious bodily harm to himself |
80 | or herself or others in the near future, as evidenced by recent |
81 | behavior. |
82 | (2) INVOLUNTARY EXAMINATION.-- |
83 | (e) The Agency for Health Care Administration shall |
84 | receive and maintain the copies of ex parte orders, involuntary |
85 | outpatient placement orders issued pursuant to s. 394.4655, |
86 | involuntary inpatient placement orders issued pursuant to s. |
87 | 394.467, professional certificates, and law enforcement |
88 | officers' reports. These documents shall be considered part of |
89 | the clinical record, governed by the provisions of s. 394.4615. |
90 | The agency shall prepare annual reports analyzing the data |
91 | obtained from these documents, without information identifying |
92 | patients, and shall provide copies of reports to the department, |
93 | the President of the Senate, the Speaker of the House of |
94 | Representatives, and the minority leaders of the Senate and the |
95 | House of Representatives. |
96 | (g) A person for whom an involuntary examination has been |
97 | initiated who is being evaluated or treated at a hospital for an |
98 | emergency medical condition specified in s. 395.002 must be |
99 | examined by a receiving facility within 72 hours. The 72-hour |
100 | period begins when the patient arrives at the hospital and |
101 | ceases when the attending physician documents that the patient |
102 | has an emergency medical condition. If the patient is examined |
103 | at a hospital providing emergency medical services by a |
104 | professional qualified to perform an involuntary examination and |
105 | is found as a result of that examination not to meet the |
106 | criteria for involuntary outpatient placement pursuant to s. |
107 | 394.4655(1) or involuntary inpatient placement pursuant to s. |
108 | 394.467(1), the patient may be offered voluntary placement, if |
109 | appropriate, or released directly from the hospital providing |
110 | emergency medical services. The finding by the professional |
111 | that the patient has been examined and does not meet the |
112 | criteria for involuntary inpatient placement or involuntary |
113 | outpatient placement must be entered into the patient's clinical |
114 | record. Nothing in this paragraph is intended to prevent a |
115 | hospital providing emergency medical services from appropriately |
116 | transferring a patient to another hospital prior to |
117 | stabilization, provided the requirements of s. 395.1041(3)(c) |
118 | have been met. |
119 | (i) Within the 72-hour examination period or, if the 72 |
120 | hours ends on a weekend or holiday, no later than the next |
121 | working day thereafter, one of the following actions must be |
122 | taken, based on the individual needs of the patient: |
123 | 1. The patient shall be released, unless he or she is |
124 | charged with a crime, in which case the patient shall be |
125 | returned to the custody of a law enforcement officer; |
126 | 2. The patient shall be released, subject to the |
127 | provisions of subparagraph 1., for voluntary outpatient |
128 | treatment; |
129 | 3. The patient, unless he or she is charged with a crime, |
130 | shall be asked to give express and informed consent to placement |
131 | as a voluntary patient, and, if such consent is given, the |
132 | patient shall be admitted as a voluntary patient; or |
133 | 4. A petition for involuntary placement shall be filed in |
134 | the circuit appropriate court by the facility administrator when |
135 | outpatient or inpatient treatment is deemed necessary. When |
136 | inpatient treatment is deemed necessary; in which case, the |
137 | least restrictive treatment consistent with the optimum |
138 | improvement of the patient's condition shall be made available. |
139 | When a petition is to be filed for involuntary outpatient |
140 | placement, it shall be filed by one of the petitioners specified |
141 | in s. 394.4655(3)(a). A petition for involuntary inpatient |
142 | placement shall be filed by the facility administrator. |
143 |
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145 | ================ T I T L E A M E N D M E N T ============= |
146 | Remove lines 760-774 and insert: |
147 | 394.463, F.S.; adding mental health counselors to the |
148 | persons who can initiate an involuntary examination; |
149 | revising criteria for an involuntary examination; revising |
150 | requirements for filing a petition for involuntary |
151 | placement; creating s. 394.4655, F.S.; providing for |
152 | involuntary outpatient placement; providing criteria; |
153 | providing procedures; providing for a voluntary |
154 | examination for outpatient placement; providing for a |
155 | petition for involuntary outpatient placement; requiring |
156 | the appointment of counsel; providing for a continuance of |
157 | hearing; providing procedures for the hearing on |
158 | involuntary outpatient placement; providing a procedure |
159 | for continued involuntary outpatient placement; amending |
160 | s. 394.467, F.S., relating to involuntary placement; |
161 | conforming terminology to changes made by the act; |
162 | providing for rulemaking authority; providing for |
163 | severability; providing effective dates. |