Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 1090
Barcode 262816
CHAMBER ACTION
Senate House
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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
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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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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
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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 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.
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19 And the title is amended as follows:
20 On page 1, lines 24-27, delete those lines
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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
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