Amendment
Bill No. 0463
Amendment No. 578031
CHAMBER ACTION
Senate House
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1Representative Simmons offered the following:
2
3     Amendment to Amendment (866277)
4Remove line(s) 189-528 and insert:
5     Section 5.  Section 394.4655, Florida Statutes, is created
6to read:
7     394.4655  Involuntary outpatient placement.--
8     (1)  CRITERIA FOR INVOLUNTARY OUTPATIENT PLACEMENT.--A
9person may be ordered to involuntary outpatient placement upon a
10finding of the court that by clear and convincing evidence:
11     (a)  The person is 18 years of age or older;
12     (b)  The person has a mental illness;
13     (c)  The person is unlikely to survive safely in the
14community without supervision, based on a clinical
15determination;
16     (d)  The person has a history of lack of compliance with
17treatment for mental illness;
18     (e)  The person has:
19     1.  At least twice within the immediately preceding 36
20months been involuntarily admitted to a receiving or treatment
21facility as defined in s. 394.455, or has received mental health
22services in a forensic or correctional facility. The 36-month
23period does not include any period during which the person was
24admitted or incarcerated; or
25     2.  Engaged in one or more acts of serious violent behavior
26toward self or others, or attempts at serious bodily harm to
27himself or herself or others, within the preceding 36 months;
28     (f)  The person is, as a result of his or her mental
29illness, unlikely to voluntarily participate in the recommended
30treatment plan and either he or she has refused voluntary
31placement for treatment after sufficient and conscientious
32explanation and disclosure of the purpose of placement for
33treatment or he or she is unable to determine for himself or
34herself whether placement is necessary;
35     (g)  In view of the person's treatment history and current
36behavior, the person is in need of involuntary outpatient
37placement in order to prevent a relapse or deterioration that
38would be likely to result in serious bodily harm to himself or
39herself or others, or a substantial harm to his or her well-
40being as set forth in s. 394.463(1);
41     (h)  It is likely that the person will benefit from
42involuntary outpatient placement; and
43     (i)  All available less restrictive alternatives that would
44offer an opportunity for improvement of his or her condition
45have been judged to be inappropriate or unavailable.
46     (2)  INVOLUNTARY OUTPATIENT PLACEMENT.--
47     (a)1.  A patient may be retained by a receiving facility
48upon the recommendation of the administrator of a receiving
49facility where the patient has been examined and after adherence
50to the notice of hearing procedures provided in s. 394.4599. The
51recommendation must be supported by the opinion of a
52psychiatrist and the second opinion of a clinical psychologist
53or another psychiatrist, both of whom have personally examined
54the patient within the preceding 72 hours, that the criteria for
55involuntary outpatient placement are met. However, in a county
56having a population of fewer than 50,000, if the administrator
57certifies that no psychiatrist or clinical psychologist is
58available to provide the second opinion, the second opinion may
59be provided by a licensed physician who has postgraduate
60training and experience in diagnosis and treatment of mental and
61nervous disorders or by a psychiatric nurse as defined in this
62chapter. Such a recommendation must be entered on an involuntary
63outpatient placement certificate, which certificate must
64authorize the receiving facility to retain the patient pending
65completion of a hearing. The certificate shall be made a part of
66the patient's clinical record.
67     2.  If the patient has been stabilized and no longer meets
68the criteria for involuntary examination pursuant to s.
69394.463(1), the patient must be released from the receiving
70facility while awaiting the hearing for involuntary outpatient
71placement. Prior to filing a petition for involuntary outpatient
72treatment, the administrator of a receiving facility or a
73designated department representative shall identify the service
74provider that will have primary responsibility for service
75provision under an order for involuntary outpatient placement,
76unless the person is otherwise participating in outpatient
77psychiatric treatment and is not in need of public financing for
78that treatment, in which case the individual, if eligible, may
79be ordered to involuntary treatment pursuant to the existing
80psychiatric treatment relationship.
81     3.  The service provider shall prepare a written proposed
82treatment plan in consultation with the patient or the patient's
83guardian advocate, if appointed, for the court's consideration
84for inclusion in the involuntary outpatient placement order. The
85service provider shall also provide a copy of the proposed
86treatment plan to the patient and the administrator of the
87receiving facility. The treatment plan must specify the nature
88and extent of the patient's mental illness. The treatment plan
89must address the reduction of symptoms that necessitate
90involuntary outpatient placement and include measurable goals
91and objectives for the services and treatment that are provided
92to treat the person's mental illness and to assist the person in
93living and functioning in the community or to attempt to prevent
94a relapse or deterioration. Service providers may select and
95provide supervision to other individuals to implement specific
96aspects of the treatment plan. The services in the treatment
97plan must be deemed to be clinically appropriate by a physician,
98clinical psychologist, psychiatric nurse, or clinical social
99worker, as defined in this chapter, who consults with, or is
100employed or contracted by, the service provider. The service
101provider must certify to the court in the proposed treatment
102plan whether sufficient services for improvement and
103stabilization are currently available and whether the service
104provider agrees to provide those services. If the service
105provider certifies that the services in the proposed treatment
106plan are not available, the petitioner may not file the
107petition.
108     (b)  If a patient in involuntary inpatient placement meets
109the criteria for involuntary outpatient placement, the
110administrator of the treatment facility may, before the
111expiration of the period during which the treatment facility is
112authorized to retain the patient, recommend involuntary
113outpatient placement. The recommendation must be supported by
114the opinion of a psychiatrist and the second opinion of a
115clinical psychologist or another psychiatrist, both of whom have
116personally examined the patient within the preceding 72 hours,
117that the criteria for involuntary outpatient placement are met.
118However, in a county having a population of fewer than 50,000,
119if the administrator certifies that no psychiatrist or clinical
120psychologist is available to provide the second opinion, the
121second opinion may be provided by a licensed physician who has
122postgraduate training and experience in diagnosis and treatment
123of mental and nervous disorders or by a psychiatric nurse as
124defined in s. 394.455(23). Such a recommendation must be entered
125on an involuntary outpatient placement certificate and the
126certificate shall be made a part of the patient's clinical
127record.
128     (c)1.  The administrator of the treatment facility shall
129provide a copy of the involuntary outpatient placement
130certificate and a copy of the state mental health discharge form
131to a department representative in the county where the patient
132will be residing. For persons who are leaving a state mental
133health treatment facility, the petition for involuntary
134outpatient placement must be filed in the county where the
135patient will be residing.
136     2.  The service provider that will have primary
137responsibility for service provision shall be identified by the
138designated department representative prior to the order for
139involuntary outpatient placement and must, prior to filing a
140petition for involuntary outpatient placement, certify to the
141court whether the services recommended in the patient's
142discharge plan are available in the local community and whether
143the service provider agrees to provide those services. The
144service provider must develop with the patient, or the patient's
145guardian advocate, if appointed, a treatment or service plan
146that addresses the needs identified in the discharge plan. The
147plan must be deemed to be clinically appropriate by a physician,
148clinical psychologist, psychiatric nurse, or clinical social
149worker, as defined in this chapter, who consults with, or is
150employed or contracted by, the service provider.
151     3.  If the service provider certifies that the services in
152the proposed treatment or service plan are not available, the
153petitioner may not file the petition.
154     (3)  PETITION FOR INVOLUNTARY OUTPATIENT PLACEMENT.--
155     (a)  A petition for involuntary outpatient placement may be
156filed by:
157     1.  The administrator of a receiving facility; or
158     2.  The administrator of a treatment facility.
159     (b)  Each required criterion for involuntary outpatient
160placement must be alleged and substantiated in the petition for
161involuntary outpatient placement. A copy of the certificate
162recommending involuntary outpatient placement completed by a
163qualified professional specified in subsection (2) must be
164attached to the petition. A copy of the proposed treatment plan
165must be attached to the petition. Before the petition is filed,
166the service provider shall certify that the services in the
167proposed treatment plan are available. If the necessary services
168are not available in the patient's local community to respond to
169the person's individual needs, the petition may not be filed.
170     (c)  The petition for involuntary outpatient placement must
171be filed in the county where the patient is located, unless the
172patient is being placed from a state treatment facility, in
173which case, the petition must be filed in the county where the
174patient will reside. When the petition has been filed, the clerk
175of the court shall provide copies of the petition and the
176proposed treatment plan to the department, the patient, the
177patient's guardian or representative, the state attorney, and
178the public defender or the patient's private counsel. A fee may
179not be charged for filing a petition under this subsection.
180     (4)  APPOINTMENT OF COUNSEL.--Within 1 court working day
181after the filing of a petition for involuntary outpatient
182placement, the court shall appoint the public defender to
183represent the person who is the subject of the petition, unless
184the person is otherwise represented by counsel. The clerk of the
185court shall immediately notify the public defender of the
186appointment. The public defender shall represent the person
187until the petition is dismissed, the court order expires, or the
188patient is discharged from involuntary outpatient placement. An
189attorney who represents the patient shall have access to the
190patient, witnesses, and records relevant to the presentation of
191the patient's case and shall represent the interests of the
192patient, regardless of the source of payment to the attorney.
193     (5)  CONTINUANCE OF HEARING.--The patient is entitled, with
194the concurrence of the patient's counsel, to at least one
195continuance of the hearing. The continuance shall be for a
196period of up to 4 weeks.
197     (6)  HEARING ON INVOLUNTARY OUTPATIENT PLACEMENT.--
198     (a)1.  The court shall hold the hearing on involuntary
199outpatient placement within 5 working days after the filing of
200the petition, unless a continuance is granted. The hearing shall
201be held in the county where the petition is filed, shall be as
202convenient to the patient as is consistent with orderly
203procedure, and shall be conducted in physical settings not
204likely to be injurious to the patient's condition. If the court
205finds that the patient's attendance at the hearing is not
206consistent with the best interests of the patient and if the
207patient's counsel does not object, the court may waive the
208presence of the patient from all or any portion of the hearing.
209The state attorney for the circuit in which the patient is
210located shall represent the state, rather than the petitioner,
211as the real party in interest in the proceeding.
212     2.  The court may appoint a master to preside at the
213hearing. One of the professionals who executed the involuntary
214outpatient placement certificate shall be a witness. The patient
215and the patient's guardian or representative shall be informed
216by the court of the right to an independent expert examination.
217If the patient cannot afford such an examination, the court
218shall provide for one. The independent expert's report shall be
219confidential and not discoverable, unless the expert is to be
220called as a witness for the patient at the hearing. The court
221shall allow testimony from individuals, including family
222members, deemed by the court to be relevant under state law,
223regarding the person's prior history and how that prior history
224relates to the person's current condition. The testimony in the
225hearing must be given under oath, and the proceedings must be
226recorded. The patient may refuse to testify at the hearing.
227     (b)1.  If the court concludes that the patient meets the
228criteria for involuntary outpatient placement pursuant to
229subsection (1), the court shall issue an order for involuntary
230outpatient placement. The court order shall be for a period of
231up to 6 months. The order must specify the nature and extent of
232the patient's mental illness. The order of the court and the
233treatment plan shall be made part of the patient's clinical
234record. The service provider shall discharge a patient from
235involuntary outpatient placement when the order expires or any
236time the patient no longer meets the criteria for involuntary
237placement. Upon discharge, the service provider shall send a
238certificate of discharge to the court.
239     2.  The court may not order the department or the service
240provider to provide services if the program or service is not
241available in the patient's local community, if there is no space
242available in the program or service for the patient, or if
243funding is not available for the program or service. A copy of
244the order must be sent to the Agency for Health Care
245Administration by the service provider within 1 working day
246after it is received from the court. After the placement order
247is issued, the service provider and the patient may modify
248provisions of the treatment plan. For any material modification
249of the treatment plan to which the patient or the patient's
250guardian advocate, if appointed, does agree, the service
251provider shall send notice of the modification to the court. Any
252material modifications of the treatment plan which are contested
253by the patient or the patient's guardian advocate, if appointed,
254must be approved or disapproved by the court consistent with
255subsection (2).
256     3.  If, in the clinical judgment of a physician, the
257patient has failed or has refused to comply with the treatment
258ordered by the court, and, in the clinical judgment of the
259physician, efforts were made to solicit compliance and the
260patient may meet the criteria for involuntary examination, a
261person may be brought to a receiving facility pursuant to s.
262394.463. If, after examination, the patient does not meet the
263criteria for involuntary inpatient placement pursuant to s.
264394.467, the patient must be discharged from the receiving
265facility. The involuntary outpatient placement order shall
266remain in effect unless the service provider determines that the
267patient no longer meets the criteria for involuntary outpatient
268placement or until the order expires. The service provider must
269determine whether modifications should be made to the existing
270treatment plan and must attempt to continue to engage the
271patient in treatment. For any material modification of the
272treatment plan to which the patient or the patient's guardian
273advocate, if appointed, does agree, the service provider shall
274send notice of the modification to the court. Any material
275modifications of the treatment plan which are contested by the
276patient or the patient's guardian advocate, if appointed, must
277be approved or disapproved by the court consistent with
278subsection (2).
279     (c)  If, at any time before the conclusion of the initial
280hearing on involuntary outpatient placement, it appears to the
281court that the person does not meet the criteria for involuntary
282outpatient placement under this section but, instead, meets the
283criteria for involuntary inpatient placement, the court may
284order the person admitted for involuntary inpatient examination
285under s. 394.463. If the person instead meets the criteria for
286involuntary assessment, protective custody, or involuntary
287admission pursuant to s. 397.675, the court may order the person
288to be admitted for involuntary assessment for a period of 5 days
289pursuant to s. 397.6811. Thereafter, all proceedings shall be
290governed by chapter 397.
291     (d)  At the hearing on involuntary outpatient placement,
292the court shall consider testimony and evidence regarding the
293patient's competence to consent to treatment. If the court finds
294that the patient is incompetent to consent to treatment, it
295shall appoint a guardian advocate as provided in s. 394.4598.
296The guardian advocate shall be appointed or discharged in
297accordance with s. 394.4598.
298     (e)  The administrator of the receiving facility or the
299designated department representative shall provide a copy of the
300court order and adequate documentation of a patient's mental
301illness to the service provider for involuntary outpatient
302placement. Such documentation must include any advance
303directives made by the patient, a psychiatric evaluation of the
304patient, and any evaluations of the patient performed by a
305clinical psychologist or a clinical social worker.
306     (7)  PROCEDURE FOR CONTINUED INVOLUNTARY OUTPATIENT
307PLACEMENT.--
308     (a)1.  If the person continues to meet the criteria for
309involuntary outpatient placement, the service provider shall,
310before the expiration of the period during which the treatment
311is ordered for the person, file in the circuit court a petition
312for continued involuntary outpatient placement.
313     2.  The existing involuntary outpatient placement order
314remains in effect until disposition on the petition for
315continued involuntary outpatient placement.
316     3.  A certificate shall be attached to the petition which
317includes a statement from the person's physician or clinical
318psychologist justifying the request, a brief description of the
319patient's treatment during the time he or she was involuntarily
320placed, and an individualized plan of continued treatment.
321     4.  The service provider shall develop the individualized
322plan of continued treatment in consultation with the patient or
323the patient's guardian advocate, if appointed. When the petition
324has been filed, the clerk of the court shall provide copies of
325the certificate and the individualized plan of continued
326treatment to the department, the patient, the patient's guardian
327advocate, the state attorney, and the patient's private counsel
328or the public defender.
329     (b)  Within 1 court working day after the filing of a
330petition for continued involuntary outpatient placement, the
331court shall appoint the public defender to represent the person
332who is the subject of the petition, unless the person is
333otherwise represented by counsel. The clerk of the court shall
334immediately notify the public defender of such appointment. The
335public defender shall represent the person until the petition is
336dismissed or the court order expires or the patient is
337discharged from involuntary outpatient placement. Any attorney
338representing the patient shall have access to the patient,
339witnesses, and records relevant to the presentation of the
340patient's case and shall represent the interests of the patient,
341regardless of the source of payment to the attorney.
342     (c)  Hearings on petitions for continued involuntary
343outpatient placement shall be before the circuit court. The
344court may appoint a master to preside at the hearing. The
345procedures for obtaining an order pursuant to this paragraph
346shall be in accordance with subsection (6), except that the time
347period included in paragraph (1)(e) is not applicable in
348determining the appropriateness of additional periods of
349involuntary outpatient placement.
350     (d)  Notice of the hearing shall be provided as set forth
351in s. 394.4599. The patient and the patient's attorney may agree
352to a period of continued outpatient placement without a court
353hearing.
354     (e)  The same procedure shall be repeated before the
355expiration of each additional period the patient is placed in
356treatment.
357     (f)  If the patient has previously been found incompetent
358to consent to treatment, the court shall consider testimony and
359evidence regarding the patient's competence. Section 394.4598
360governs the discharge of the guardian advocate if the patient's
361competency to consent to treatment has been restored.


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