Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1090
                        Barcode 914420
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Health Care (Rich) recommended the following
12  amendment:
13  
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 begin 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
                                  1
    8:11 AM   03/14/05                           s1090c1c-he34-j01

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 1090 Barcode 914420 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, court finds that the department's motion 7 and the physician's medical report meet the requirements of 8 this subsection and that it is in the child's best interests, 9 the court may order that the department provide or continue to 10 provide the psychotropic medication to the child without 11 additional testimony or evidence. At any hearing held under 12 this paragraph, the court shall further inquire of the 13 department as to whether additional medical, mental health, 14 behavioral, counseling, or other services are being provided 15 to the child by the department which the prescribing physician 16 considers to be necessary or beneficial in treating the 17 child's medical condition and which the physician recommends 18 or expects to provide to the child in concert with the 19 medication. The court may order additional medical 20 consultation, including consultation with the MedConsult line 21 at the University of Florida, if available, or require the 22 department to obtain a second opinion within 5 working days 23 after such order, based upon consideration of the best 24 interests of the child. The court may not order the 25 discontinuation of prescribed psychotropic medication if such 26 order is contrary to the decision of the prescribing physician 27 unless the court first obtains an opinion from a licensed 28 psychiatrist, if available, or, if not available, a physician 29 licensed under chapter 458 or chapter 459, stating that more 30 likely than not, discontinuing the medication would not cause 31 significant harm to the child. If, however, the prescribing 2 8:11 AM 03/14/05 s1090c1c-he34-j01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 1090 Barcode 914420 1 physician is a child or adolescent psychiatrist, the court may 2 not order the discontinuation of prescribed psychotropic 3 medication unless the required opinion is also from a child or 4 adolescent psychiatrist, if available, or, if not available, 5 from a licensed psychiatrist, or from the child's treating 6 physician who states that continuing the prescribed 7 psychotropic medication would cause significant harm to the 8 child due to a diagnosed nonpsychiatric medical condition. 9 10 11 ================ T I T L E A M E N D M E N T =============== 12 And the title is amended as follows: 13 On page 1, lines 24-27, delete those lines 14 15 and insert: 16 provided in advance of a court order; requiring 17 that notice be provided to all parties if the 18 department proposes to provide psychotropic 19 medication to the child; requiring that a 20 hearing be held if any party objects; providing 21 requirements for the hearing; authorizing the 22 court to order additional medical consultation; 23 specifying the required 24 25 26 27 28 29 30 31 3 8:11 AM 03/14/05 s1090c1c-he34-j01