Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1090
                        Barcode 262816
                            CHAMBER ACTION
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11  The Committee on Health Care (Rich) recommended the following
12  amendment:
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14         Senate Amendment (with title amendment) 
15         On page 6, line 19, through
16            page 7, line 22, delete those lines
17  
18  and insert:  
19         (d)1.  The department must notify all parties of the
20  proposed action taken under paragraph (c) in writing or by
21  whatever other method best ensures that all parties receive
22  notification of the proposed action within 48 hours after the
23  motion is filed. If any party objects to the department's
24  motion, that party shall file the objection within 2 working
25  days after being notified of the department's motion. If any
26  party files an objection to the authorization of the proposed
27  psychotropic medication, the court shall hold a hearing as
28  soon as possible before authorizing the department to
29  initially provide or to continue providing psychotropic
30  medication to a child in the legal custody of the department.
31  At such hearing and notwithstanding s. 90.803, the medical
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    9:06 AM   03/16/05                              s1090.he34.05c

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 1090 Barcode 262816 1 report described in paragraph (c) is admissible in evidence. 2 The prescribing physician need not attend the hearing or 3 testify unless the court specifically orders such attendance 4 or testimony, or a party subpoenas the physician to attend the 5 hearing or provide testimony. If, after considering any 6 testimony received, the court finds that the department's 7 motion and the physician's medical report meet the 8 requirements of this subsection and that it is in the child's 9 best interests, the court may order that the department 10 provide or continue to provide the psychotropic medication to 11 the child without additional testimony or evidence. At any 12 hearing held under this paragraph, the court shall further 13 inquire of the department as to whether additional medical, 14 mental health, behavioral, counseling, or other services are 15 being provided to the child by the department which the 16 prescribing physician considers to be necessary or beneficial 17 in treating the child's medical condition and which the 18 physician recommends or expects to provide to the child in 19 concert with the medication. The court may order additional 20 medical consultation, including consultation with the 21 MedConsult line at the University of Florida, if available, or 22 require the department to obtain a second opinion within a 23 reasonable timeframe as established by the court, not to 24 exceed 21 calendar days, after such order based upon 25 consideration of the best interests of the child. The 26 department must make a referral for an appointment for a 27 second opinion with a physician within one working day, based 28 upon consideration of the best interests of the child. The 29 court may not order the discontinuation of prescribed 30 psychotropic medication if such order is contrary to the 31 decision of the prescribing physician unless the court first 2 9:06 AM 03/16/05 s1090.he34.05c
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 1090 Barcode 262816 1 obtains an opinion from a licensed psychiatrist, if available, 2 or, if not available, a physician licensed under chapter 458 3 or chapter 459, stating that more likely than not, 4 discontinuing the medication would not cause significant harm 5 to the child. If, however, the prescribing psychiatrist 6 specializes in mental health care for children and 7 adolescents, the court may not order the discontinuation of 8 prescribed psychotropic medication unless the required opinion 9 is also from a psychiatrist who specializes in mental health 10 care for children and adolescents. The court may also order 11 the discontinuation of prescribed psychotropic medication if a 12 child's treating physician, licensed under chapter 458 or 13 chapter 459, states that continuing the prescribed 14 psychotropic medication would cause significant harm to the 15 child due to a diagnosed nonpsychiatric medical condition. 16 17 18 ================ T I T L E A M E N D M E N T =============== 19 And the title is amended as follows: 20 On page 1, lines 24-27, delete those lines 21 22 and insert: 23 provided in advance of a court order; requiring 24 that notice be provided to all parties if the 25 department proposes to provide psychotropic 26 medication to the child; requiring that a 27 hearing be held if any party objects; providing 28 requirements for the hearing; authorizing the 29 court to order additional medical consultation; 30 specifying the required 31 3 9:06 AM 03/16/05 s1090.he34.05c