Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1850
Barcode 854728
CHAMBER ACTION
Senate House
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03/27/2006 04:56 PM .
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11 The Committee on Children and Families (Rich) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 On page 1, between lines 24 and 25,
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17 insert:
18 Section 1. Subsection (34) is added to section
19 394.455, Florida Statutes, to read:
20 394.455 Definitions.--As used in this part, unless the
21 context clearly requires otherwise, the term:
22 (34) "Marriage and family therapist" means a person
23 licensed as a marriage and family therapist under chapter 491.
24 Section 2. Paragraph (a) of subsection (2) of section
25 394.463, Florida Statutes, is amended to read:
26 394.463 Involuntary examination.--
27 (2) INVOLUNTARY EXAMINATION.--
28 (a) An involuntary examination may be initiated by any
29 one of the following means:
30 1. A court may enter an ex parte order stating that a
31 person appears to meet the criteria for involuntary
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1850
Barcode 854728
1 examination, giving the findings on which that conclusion is
2 based. The ex parte order for involuntary examination must be
3 based on sworn testimony, written or oral. If other less
4 restrictive means are not available, such as voluntary
5 appearance for outpatient evaluation, a law enforcement
6 officer, or other designated agent of the court, shall take
7 the person into custody and deliver him or her to the nearest
8 receiving facility for involuntary examination. The order of
9 the court shall be made a part of the patient's clinical
10 record. No fee shall be charged for the filing of an order
11 under this subsection. Any receiving facility accepting the
12 patient based on this order must send a copy of the order to
13 the Agency for Health Care Administration on the next working
14 day. The order shall be valid only until executed or, if not
15 executed, for the period specified in the order itself. If no
16 time limit is specified in the order, the order shall be valid
17 for 7 days after the date that the order was signed.
18 2. A law enforcement officer shall take a person who
19 appears to meet the criteria for involuntary examination into
20 custody and deliver the person or have him or her delivered to
21 the nearest receiving facility for examination. The officer
22 shall execute a written report detailing the circumstances
23 under which the person was taken into custody, and the report
24 shall be made a part of the patient's clinical record. Any
25 receiving facility accepting the patient based on this report
26 must send a copy of the report to the Agency for Health Care
27 Administration on the next working day.
28 3. A physician, clinical psychologist, psychiatric
29 nurse, mental health counselor, marriage and family therapist,
30 or clinical social worker may execute a certificate stating
31 that he or she has examined a person within the preceding 48
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1850
Barcode 854728
1 hours and finds that the person appears to meet the criteria
2 for involuntary examination and stating the observations upon
3 which that conclusion is based. If other less restrictive
4 means are not available, such as voluntary appearance for
5 outpatient evaluation, a law enforcement officer shall take
6 the person named in the certificate into custody and deliver
7 him or her to the nearest receiving facility for involuntary
8 examination. The law enforcement officer shall execute a
9 written report detailing the circumstances under which the
10 person was taken into custody. The report and certificate
11 shall be made a part of the patient's clinical record. Any
12 receiving facility accepting the patient based on this
13 certificate must send a copy of the certificate to the Agency
14 for Health Care Administration on the next working day.
15 Section 3. Paragraphs (a) and (c) of subsection (2) of
16 section 394.4655, Florida Statutes, are amended to read:
17 394.4655 Involuntary outpatient placement.--
18 (2) INVOLUNTARY OUTPATIENT PLACEMENT.--
19 (a)1. A patient may be retained by a receiving
20 facility upon the recommendation of the administrator of a
21 receiving facility where the patient has been examined and
22 after adherence to the notice of hearing procedures provided
23 in s. 394.4599. The recommendation must be supported by the
24 opinion of a psychiatrist and the second opinion of a clinical
25 psychologist or another psychiatrist, both of whom have
26 personally examined the patient within the preceding 72 hours,
27 that the criteria for involuntary outpatient placement are
28 met. However, in a county having a population of fewer than
29 50,000, if the administrator certifies that no psychiatrist or
30 clinical psychologist is available to provide the second
31 opinion, the second opinion may be provided by a licensed
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1850
Barcode 854728
1 physician who has postgraduate training and experience in
2 diagnosis and treatment of mental and nervous disorders or by
3 a psychiatric nurse as defined in this chapter. Such a
4 recommendation must be entered on an involuntary outpatient
5 placement certificate, which certificate must authorize the
6 receiving facility to retain the patient pending completion of
7 a hearing. The certificate shall be made a part of the
8 patient's clinical record.
9 2. If the patient has been stabilized and no longer
10 meets the criteria for involuntary examination pursuant to s.
11 394.463(1), the patient must be released from the receiving
12 facility while awaiting the hearing for involuntary outpatient
13 placement. Prior to filing a petition for involuntary
14 outpatient treatment, the administrator of a receiving
15 facility or a designated department representative shall
16 identify the service provider that will have primary
17 responsibility for service provision under an order for
18 involuntary outpatient placement, unless the person is
19 otherwise participating in outpatient psychiatric treatment
20 and is not in need of public financing for that treatment, in
21 which case the individual, if eligible, may be ordered to
22 involuntary treatment pursuant to the existing psychiatric
23 treatment relationship.
24 3. The service provider shall prepare a written
25 proposed treatment plan in consultation with the patient or
26 the patient's guardian advocate, if appointed, for the court's
27 consideration for inclusion in the involuntary outpatient
28 placement order. The service provider shall also provide a
29 copy of the proposed treatment plan to the patient and the
30 administrator of the receiving facility. The treatment plan
31 must specify the nature and extent of the patient's mental
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1850
Barcode 854728
1 illness. The treatment plan must address the reduction of
2 symptoms that necessitate involuntary outpatient placement and
3 include measurable goals and objectives for the services and
4 treatment that are provided to treat the person's mental
5 illness and to assist the person in living and functioning in
6 the community or to attempt to prevent a relapse or
7 deterioration. Service providers may select and provide
8 supervision to other individuals to implement specific aspects
9 of the treatment plan. The services in the treatment plan must
10 be deemed to be clinically appropriate by a physician,
11 clinical psychologist, psychiatric nurse, marriage and family
12 therapist, or clinical social worker, as defined in this
13 chapter, who consults with, or is employed or contracted by,
14 the service provider. The service provider must certify to the
15 court in the proposed treatment plan whether sufficient
16 services for improvement and stabilization are currently
17 available and whether the service provider agrees to provide
18 those services. If the service provider certifies that the
19 services in the proposed treatment plan are not available, the
20 petitioner may not file the petition.
21 (c)1. The administrator of the treatment facility
22 shall provide a copy of the involuntary outpatient placement
23 certificate and a copy of the state mental health discharge
24 form to a department representative in the county where the
25 patient will be residing. For persons who are leaving a state
26 mental health treatment facility, the petition for involuntary
27 outpatient placement must be filed in the county where the
28 patient will be residing.
29 2. The service provider that will have primary
30 responsibility for service provision shall be identified by
31 the designated department representative prior to the order
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1850
Barcode 854728
1 for involuntary outpatient placement and must, prior to filing
2 a petition for involuntary outpatient placement, certify to
3 the court whether the services recommended in the patient's
4 discharge plan are available in the local community and
5 whether the service provider agrees to provide those services.
6 The service provider must develop with the patient, or the
7 patient's guardian advocate, if appointed, a treatment or
8 service plan that addresses the needs identified in the
9 discharge plan. The plan must be deemed to be clinically
10 appropriate by a physician, clinical psychologist, psychiatric
11 nurse, marriage and family therapist, or clinical social
12 worker, as defined in this chapter, who consults with, or is
13 employed or contracted by, the service provider.
14 3. If the service provider certifies that the services
15 in the proposed treatment or service plan are not available,
16 the petitioner may not file the petition.
17 Section 4. Paragraph (e) of subsection (6) of section
18 394.467, Florida Statutes, is amended to read:
19 394.467 Involuntary inpatient placement.--
20 (6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT.--
21 (e) The administrator of the receiving facility shall
22 provide a copy of the court order and adequate documentation
23 of a patient's mental illness to the administrator of a
24 treatment facility whenever a patient is ordered for
25 involuntary inpatient placement, whether by civil or criminal
26 court. The Such documentation shall include any advance
27 directives made by the patient, a psychiatric evaluation of
28 the patient, and any evaluations of the patient performed by a
29 clinical psychologist, a marriage and family therapist, or a
30 clinical social worker. The administrator of a treatment
31 facility may refuse admission to any patient directed to its
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1850
Barcode 854728
1 facilities on an involuntary basis, whether by civil or
2 criminal court order, who is not accompanied at the same time
3 by adequate orders and documentation.
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5 (Redesignate subsequent sections.)
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8 ================ T I T L E A M E N D M E N T ===============
9 And the title is amended as follows:
10 On page 1, line 3, after the semicolon,
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12 insert:
13 amending s. 394.455, F.S.; defining the term
14 "marriage and family therapist"; amending s.
15 394.463, F.S.; providing that a marriage and
16 family therapist may execute a certificate for
17 involuntary examination; amending s. 394.4655,
18 F.S.; providing that a marriage and family
19 therapist may deem a services treatment plan
20 clinically appropriate for an involuntary
21 outpatient placement; amending s. 394.467,
22 F.S.; requiring that documentation of any
23 evaluation performed by a marriage and family
24 therapist be provided when a patient is ordered
25 for involuntary inpatient placement;
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