| 1 | Representative Simmons offered the following: |
| 2 |
|
| 3 | Amendment to Amendment (866277) |
| 4 | Remove line(s) 97-188 and insert: |
| 5 | Section 4. Subsection (1) and paragraphs (e), (g), and (i) |
| 6 | of subsection (2) of section 394.463, Florida Statutes, are |
| 7 | amended to read: |
| 8 | 394.463 Involuntary examination.-- |
| 9 | (1) CRITERIA.--A person may be taken to a receiving |
| 10 | facility for involuntary examination if there is reason to |
| 11 | believe that the person has a mental illness he or she is |
| 12 | mentally ill and because of his or her mental illness: |
| 13 | (a)1. The person has refused voluntary examination after |
| 14 | conscientious explanation and disclosure of the purpose of the |
| 15 | examination; or |
| 16 | 2. The person is unable to determine for himself or |
| 17 | herself whether examination is necessary; and |
| 18 | (b)1. Without care or treatment, the person is likely to |
| 19 | suffer from neglect or refuse to care for himself or herself; |
| 20 | such neglect or refusal poses a real and present threat of |
| 21 | substantial harm to his or her well-being; and it is not |
| 22 | apparent that such harm may be avoided through the help of |
| 23 | willing family members or friends or the provision of other |
| 24 | services; or |
| 25 | 2. There is a substantial likelihood that without care or |
| 26 | treatment the person will cause serious bodily harm to himself |
| 27 | or herself or others in the near future, as evidenced by recent |
| 28 | behavior. |
| 29 | (2) INVOLUNTARY EXAMINATION.-- |
| 30 | (e) The Agency for Health Care Administration shall |
| 31 | receive and maintain the copies of ex parte orders, involuntary |
| 32 | outpatient placement orders issued pursuant to s. 394.4655, |
| 33 | involuntary inpatient placement orders issued pursuant to s. |
| 34 | 394.467, professional certificates, and law enforcement |
| 35 | officers' reports. These documents shall be considered part of |
| 36 | the clinical record, governed by the provisions of s. 394.4615. |
| 37 | The agency shall prepare annual reports analyzing the data |
| 38 | obtained from these documents, without information identifying |
| 39 | patients, and shall provide copies of reports to the department, |
| 40 | the President of the Senate, the Speaker of the House of |
| 41 | Representatives, and the minority leaders of the Senate and the |
| 42 | House of Representatives. |
| 43 | (g) A person for whom an involuntary examination has been |
| 44 | initiated who is being evaluated or treated at a hospital for an |
| 45 | emergency medical condition specified in s. 395.002 must be |
| 46 | examined by a receiving facility within 72 hours. The 72-hour |
| 47 | period begins when the patient arrives at the hospital and |
| 48 | ceases when the attending physician documents that the patient |
| 49 | has an emergency medical condition. If the patient is examined |
| 50 | at a hospital providing emergency medical services by a |
| 51 | professional qualified to perform an involuntary examination and |
| 52 | is found as a result of that examination not to meet the |
| 53 | criteria for involuntary outpatient placement pursuant to s. |
| 54 | 394.4655(1) or involuntary inpatient placement pursuant to s. |
| 55 | 394.467(1), the patient may be offered voluntary placement, if |
| 56 | appropriate, or released directly from the hospital providing |
| 57 | emergency medical services. The finding by the professional |
| 58 | that the patient has been examined and does not meet the |
| 59 | criteria for involuntary inpatient placement or involuntary |
| 60 | outpatient placement must be entered into the patient's clinical |
| 61 | record. Nothing in this paragraph is intended to prevent a |
| 62 | hospital providing emergency medical services from appropriately |
| 63 | transferring a patient to another hospital prior to |
| 64 | stabilization, provided the requirements of s. 395.1041(3)(c) |
| 65 | have been met. |
| 66 | (i) Within the 72-hour examination period or, if the 72 |
| 67 | hours ends on a weekend or holiday, no later than the next |
| 68 | working day thereafter, one of the following actions must be |
| 69 | taken, based on the individual needs of the patient: |
| 70 | 1. The patient shall be released, unless he or she is |
| 71 | charged with a crime, in which case the patient shall be |
| 72 | returned to the custody of a law enforcement officer; |
| 73 | 2. The patient shall be released, subject to the |
| 74 | provisions of subparagraph 1., for voluntary outpatient |
| 75 | treatment; |
| 76 | 3. The patient, unless he or she is charged with a crime, |
| 77 | shall be asked to give express and informed consent to placement |
| 78 | as a voluntary patient, and, if such consent is given, the |
| 79 | patient shall be admitted as a voluntary patient; or |
| 80 | 4. A petition for involuntary placement shall be filed in |
| 81 | the circuit appropriate court by the facility administrator when |
| 82 | outpatient or inpatient treatment is deemed necessary. When |
| 83 | inpatient treatment is deemed necessary; in which case, the |
| 84 | least restrictive treatment consistent with the optimum |
| 85 | improvement of the patient's condition shall be made available. |
| 86 | When a petition is to be filed for involuntary outpatient |
| 87 | placement, it shall be filed by one of the petitioners specified |
| 88 | in s. 394.4655(3)(a). A petition for involuntary inpatient |
| 89 | placement shall be filed by the facility administrator. |