SENATE AMENDMENT
Bill No. CS for CS for CS for CS for SB 700
Amendment No. ___ Barcode 382396
CHAMBER ACTION
Senate House
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11 Senators Peaden and Smith moved the following amendment:
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13 Senate Amendment
14 On page 5, line 4, through
15 page 8, line 6, delete those lines
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17 and insert:
18 Section 4. Subsection (1) and paragraphs (e), (g), and
19 (i) of subsection (2) of section 394.463, Florida Statutes,
20 are amended to read:
21 394.463 Involuntary examination.--
22 (1) CRITERIA.--A person may be taken to a receiving
23 facility for involuntary examination if there is reason to
24 believe that the person has a mental illness he or she is
25 mentally ill and because of his or her mental illness:
26 (a)1. The person has refused voluntary examination
27 after conscientious explanation and disclosure of the purpose
28 of the examination; or
29 2. The person is unable to determine for himself or
30 herself whether examination is necessary; and
31 (b)1. Without care or treatment, the person is likely
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SENATE AMENDMENT
Bill No. CS for CS for CS for CS for SB 700
Amendment No. ___ Barcode 382396
1 to suffer from neglect or refuse to care for himself or
2 herself; such neglect or refusal poses a real and present
3 threat of substantial harm to his or her well-being; and it is
4 not apparent that such harm may be avoided through the help of
5 willing family members or friends or the provision of other
6 services; or
7 2. There is a substantial likelihood that without care
8 or treatment the person will cause serious bodily harm to
9 himself or herself or others in the near future, as evidenced
10 by recent behavior.
11 (2) INVOLUNTARY EXAMINATION.--
12 (e) The Agency for Health Care Administration shall
13 receive and maintain the copies of ex parte orders,
14 involuntary outpatient placement orders issued pursuant to s.
15 394.4655, involuntary inpatient placement orders issued
16 pursuant to s. 394.467, professional certificates, and law
17 enforcement officers' reports. These documents shall be
18 considered part of the clinical record, governed by the
19 provisions of s. 394.4615. The agency shall prepare annual
20 reports analyzing the data obtained from these documents,
21 without information identifying patients, and shall provide
22 copies of reports to the department, the President of the
23 Senate, the Speaker of the House of Representatives, and the
24 minority leaders of the Senate and the House of
25 Representatives.
26 (g) A person for whom an involuntary examination has
27 been initiated who is being evaluated or treated at a hospital
28 for an emergency medical condition specified in s. 395.002
29 must be examined by a receiving facility within 72 hours. The
30 72-hour period begins when the patient arrives at the hospital
31 and ceases when the attending physician documents that the
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SENATE AMENDMENT
Bill No. CS for CS for CS for CS for SB 700
Amendment No. ___ Barcode 382396
1 patient has an emergency medical condition. If the patient is
2 examined at a hospital providing emergency medical services by
3 a professional qualified to perform an involuntary examination
4 and is found as a result of that examination not to meet the
5 criteria for involuntary outpatient placement pursuant to s.
6 394.4655(1) or involuntary inpatient placement pursuant to s.
7 394.467(1), the patient may be offered voluntary placement, if
8 appropriate, or released directly from the hospital providing
9 emergency medical services. The finding by the professional
10 that the patient has been examined and does not meet the
11 criteria for involuntary inpatient placement or involuntary
12 outpatient placement must be entered into the patient's
13 clinical record. Nothing in this paragraph is intended to
14 prevent a hospital providing emergency medical services from
15 appropriately transferring a patient to another hospital prior
16 to stabilization, provided the requirements of s.
17 395.1041(3)(c) have been met.
18 (i) Within the 72-hour examination period or, if the
19 72 hours ends on a weekend or holiday, no later than the next
20 working day thereafter, one of the following actions must be
21 taken, based on the individual needs of the patient:
22 1. The patient shall be released, unless he or she is
23 charged with a crime, in which case the patient shall be
24 returned to the custody of a law enforcement officer;
25 2. The patient shall be released, subject to the
26 provisions of subparagraph 1., for voluntary outpatient
27 treatment;
28 3. The patient, unless he or she is charged with a
29 crime, shall be asked to give express and informed consent to
30 placement as a voluntary patient, and, if such consent is
31 given, the patient shall be admitted as a voluntary patient;
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SENATE AMENDMENT
Bill No. CS for CS for CS for CS for SB 700
Amendment No. ___ Barcode 382396
1 or
2 4. A petition for involuntary placement shall be filed
3 in the circuit appropriate court by the facility administrator
4 when outpatient or inpatient treatment is deemed necessary.
5 When inpatient treatment is deemed necessary; in which case,
6 the least restrictive treatment consistent with the optimum
7 improvement of the patient's condition shall be made
8 available. When a petition is to be filed for involuntary
9 outpatient placement, it shall be filed by one of the
10 petitioners specified in s. 394.4655(3)(a). A petition for
11 involuntary inpatient placement shall be filed by the facility
12 administrator.
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