Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1850
Barcode 975036
CHAMBER ACTION
Senate House
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1 Comm: FAV .
03/27/2006 04:57 PM .
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3 Floor: 1/AD/2R .
04/21/2006 11:01 AM .
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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 (31) of section 394.455, Florida
19 Statutes, is amended, and subsections (34) and (35) are added
20 to that section, to read:
21 394.455 Definitions.--As used in this part, unless the
22 context clearly requires otherwise, the term:
23 (31) "Service provider" means any public or private
24 receiving facility, an entity under contract with the
25 Department of Children and Family Services to provide mental
26 health services, a clinical psychologist, a clinical social
27 worker, a marriage and family therapist, a mental health
28 counselor, a physician, psychiatric nurse as defined in
29 subsection (23), or a community mental health center or clinic
30 as defined in this part.
31 (34) "Marriage and family therapist" means a person
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1850
Barcode 975036
1 licensed as a marriage and family therapist under chapter 491.
2 (35) "Mental health counselor" means a person licensed
3 as a mental health counselor under chapter 491.
4 Section 2. Paragraph (a) of subsection (2) of section
5 394.463, Florida Statutes, is amended to read:
6 394.463 Involuntary examination.--
7 (2) INVOLUNTARY EXAMINATION.--
8 (a) An involuntary examination may be initiated by any
9 one of the following means:
10 1. A court may enter an ex parte order stating that a
11 person appears to meet the criteria for involuntary
12 examination, giving the findings on which that conclusion is
13 based. The ex parte order for involuntary examination must be
14 based on sworn testimony, written or oral. If other less
15 restrictive means are not available, such as voluntary
16 appearance for outpatient evaluation, a law enforcement
17 officer, or other designated agent of the court, shall take
18 the person into custody and deliver him or her to the nearest
19 receiving facility for involuntary examination. The order of
20 the court shall be made a part of the patient's clinical
21 record. No fee shall be charged for the filing of an order
22 under this subsection. Any receiving facility accepting the
23 patient based on this order must send a copy of the order to
24 the Agency for Health Care Administration on the next working
25 day. The order shall be valid only until executed or, if not
26 executed, for the period specified in the order itself. If no
27 time limit is specified in the order, the order shall be valid
28 for 7 days after the date that the order was signed.
29 2. A law enforcement officer shall take a person who
30 appears to meet the criteria for involuntary examination into
31 custody and deliver the person or have him or her delivered to
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1850
Barcode 975036
1 the nearest receiving facility for examination. The officer
2 shall execute a written report detailing the circumstances
3 under which the person was taken into custody, and the report
4 shall be made a part of the patient's clinical record. Any
5 receiving facility accepting the patient based on this report
6 must send a copy of the report to the Agency for Health Care
7 Administration on the next working day.
8 3. A physician, clinical psychologist, psychiatric
9 nurse, mental health counselor, marriage and family therapist,
10 or clinical social worker may execute a certificate stating
11 that he or she has examined a person within the preceding 48
12 hours and finds that the person appears to meet the criteria
13 for involuntary examination and stating the observations upon
14 which that conclusion is based. If other less restrictive
15 means are not available, such as voluntary appearance for
16 outpatient evaluation, a law enforcement officer shall take
17 the person named in the certificate into custody and deliver
18 him or her to the nearest receiving facility for involuntary
19 examination. The law enforcement officer shall execute a
20 written report detailing the circumstances under which the
21 person was taken into custody. The report and certificate
22 shall be made a part of the patient's clinical record. Any
23 receiving facility accepting the patient based on this
24 certificate must send a copy of the certificate to the Agency
25 for Health Care Administration on the next working day.
26 Section 3. Paragraphs (a) and (c) of subsection (2) of
27 section 394.4655, Florida Statutes, are amended to read:
28 394.4655 Involuntary outpatient placement.--
29 (2) INVOLUNTARY OUTPATIENT PLACEMENT.--
30 (a)1. A patient may be retained by a receiving
31 facility upon the recommendation of the administrator of a
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1850
Barcode 975036
1 receiving facility where the patient has been examined and
2 after adherence to the notice of hearing procedures provided
3 in s. 394.4599. The recommendation must be supported by the
4 opinion of a psychiatrist and the second opinion of a clinical
5 psychologist or another psychiatrist, both of whom have
6 personally examined the patient within the preceding 72 hours,
7 that the criteria for involuntary outpatient placement are
8 met. However, in a county having a population of fewer than
9 50,000, if the administrator certifies that no psychiatrist or
10 clinical psychologist is available to provide the second
11 opinion, the second opinion may be provided by a licensed
12 physician who has postgraduate training and experience in
13 diagnosis and treatment of mental and nervous disorders or by
14 a psychiatric nurse as defined in this chapter. Such a
15 recommendation must be entered on an involuntary outpatient
16 placement certificate, which certificate must authorize the
17 receiving facility to retain the patient pending completion of
18 a hearing. The certificate shall be made a part of the
19 patient's clinical record.
20 2. If the patient has been stabilized and no longer
21 meets the criteria for involuntary examination pursuant to s.
22 394.463(1), the patient must be released from the receiving
23 facility while awaiting the hearing for involuntary outpatient
24 placement. Prior to filing a petition for involuntary
25 outpatient treatment, the administrator of a receiving
26 facility or a designated department representative shall
27 identify the service provider that will have primary
28 responsibility for service provision under an order for
29 involuntary outpatient placement, unless the person is
30 otherwise participating in outpatient psychiatric treatment
31 and is not in need of public financing for that treatment, in
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1850
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1 which case the individual, if eligible, may be ordered to
2 involuntary treatment pursuant to the existing psychiatric
3 treatment relationship.
4 3. The service provider shall prepare a written
5 proposed treatment plan in consultation with the patient or
6 the patient's guardian advocate, if appointed, for the court's
7 consideration for inclusion in the involuntary outpatient
8 placement order. The service provider shall also provide a
9 copy of the proposed treatment plan to the patient and the
10 administrator of the receiving facility. The treatment plan
11 must specify the nature and extent of the patient's mental
12 illness. The treatment plan must address the reduction of
13 symptoms that necessitate involuntary outpatient placement and
14 include measurable goals and objectives for the services and
15 treatment that are provided to treat the person's mental
16 illness and to assist the person in living and functioning in
17 the community or to attempt to prevent a relapse or
18 deterioration. Service providers may select and provide
19 supervision to other individuals to implement specific aspects
20 of the treatment plan. The services in the treatment plan must
21 be deemed to be clinically appropriate by a physician,
22 clinical psychologist, psychiatric nurse, mental health
23 counselor, marriage and family therapist, or clinical social
24 worker, as defined in this chapter, who consults with, or is
25 employed or contracted by, the service provider. The service
26 provider must certify to the court in the proposed treatment
27 plan whether sufficient services for improvement and
28 stabilization are currently available and whether the service
29 provider agrees to provide those services. If the service
30 provider certifies that the services in the proposed treatment
31 plan are not available, the petitioner may not file the
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1850
Barcode 975036
1 petition.
2 (c)1. The administrator of the treatment facility
3 shall provide a copy of the involuntary outpatient placement
4 certificate and a copy of the state mental health discharge
5 form to a department representative in the county where the
6 patient will be residing. For persons who are leaving a state
7 mental health treatment facility, the petition for involuntary
8 outpatient placement must be filed in the county where the
9 patient will be residing.
10 2. The service provider that will have primary
11 responsibility for service provision shall be identified by
12 the designated department representative prior to the order
13 for involuntary outpatient placement and must, prior to filing
14 a petition for involuntary outpatient placement, certify to
15 the court whether the services recommended in the patient's
16 discharge plan are available in the local community and
17 whether the service provider agrees to provide those services.
18 The service provider must develop with the patient, or the
19 patient's guardian advocate, if appointed, a treatment or
20 service plan that addresses the needs identified in the
21 discharge plan. The plan must be deemed to be clinically
22 appropriate by a physician, clinical psychologist, psychiatric
23 nurse, mental health counselor, marriage and family therapist,
24 or clinical social worker, as defined in this chapter, who
25 consults with, or is employed or contracted by, the service
26 provider.
27 3. If the service provider certifies that the services
28 in the proposed treatment or service plan are not available,
29 the petitioner may not file the petition.
30 Section 4. Paragraph (e) of subsection (6) of section
31 394.467, Florida Statutes, is amended to read:
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1850
Barcode 975036
1 394.467 Involuntary inpatient placement.--
2 (6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT.--
3 (e) The administrator of the receiving facility shall
4 provide a copy of the court order and adequate documentation
5 of a patient's mental illness to the administrator of a
6 treatment facility whenever a patient is ordered for
7 involuntary inpatient placement, whether by civil or criminal
8 court. The Such documentation shall include any advance
9 directives made by the patient, a psychiatric evaluation of
10 the patient, and any evaluations of the patient performed by a
11 clinical psychologist, a marriage and family therapist, a
12 mental health counselor, or a clinical social worker. The
13 administrator of a treatment facility may refuse admission to
14 any patient directed to its facilities on an involuntary
15 basis, whether by civil or criminal court order, who is not
16 accompanied at the same time by adequate orders and
17 documentation.
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19 (Redesignate subsequent sections.)
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22 ================ T I T L E A M E N D M E N T ===============
23 And the title is amended as follows:
24 On page 1, line 3, after the semicolon,
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26 insert:
27 amending s. 394.455, F.S.; providing and
28 revising definitions; amending s. 394.463,
29 F.S.; providing that a marriage and family
30 therapist may execute a certificate for
31 involuntary examination; amending s. 394.4655,
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1850
Barcode 975036
1 F.S.; providing that a marriage and family
2 therapist or mental health counselor may deem a
3 services treatment plan clinically appropriate
4 for an involuntary outpatient placement;
5 amending s. 394.467, F.S.; requiring that
6 documentation of any evaluation performed by a
7 marriage and family therapist or mental health
8 counselor be provided when a patient is ordered
9 for involuntary inpatient placement;
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