Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1090
                        Barcode 914420
                            CHAMBER ACTION
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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
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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 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
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    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
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    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.
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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
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