1 | The Health & Families Council recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to programs of the Department of Children |
7 | and Family Services; amending s. 383.0115, F.S.; deleting |
8 | a provision that repeals the Commission on Marriage and |
9 | Family Support Initiatives; directing the Department of |
10 | Children and Family Services to advise the Legislature |
11 | when the commission ceases to be essential; amending s. |
12 | 397.451, F.S.; requiring service provider personnel who |
13 | request an exemption from disqualification to submit the |
14 | request within a certain time after notification of the |
15 | disqualification; requiring a service provider to comply |
16 | with the provisions of s. 435.06, F.S.; deleting a |
17 | provision requiring immediate dismissal of service |
18 | provider personnel upon disapproval of a request for an |
19 | exemption; prohibiting the department from issuing a |
20 | regular license to a service provider that fails to |
21 | provide proof that background screening information has |
22 | been submitted; repealing s. 3, ch. 2003-279, Laws of |
23 | Florida; abrogating the repeal of s. 20.19(2)(c) and |
24 | (4)(b)6. and 8., F.S., relating to the appointment of |
25 | certain mental health and substance abuse positions and |
26 | the establishment of program offices for mental health and |
27 | substance abuse; amending s. 394.455, F.S.; revising and |
28 | providing definitions; amending s. 394.463, F.S.; |
29 | providing that a marriage and family therapist may execute |
30 | a certificate for involuntary examination; amending s. |
31 | 394.4655, F.S.; providing that a mental health counselor |
32 | or a marriage and family therapist may deem a services |
33 | treatment plan clinically appropriate for an involuntary |
34 | outpatient placement; amending s. 394.467, F.S.; requiring |
35 | that documentation of any evaluation performed by a mental |
36 | health counselor or a marriage and family therapist be |
37 | provided when a patient is ordered for involuntary |
38 | inpatient placement; providing effective dates. |
39 |
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40 | Be It Enacted by the Legislature of the State of Florida: |
41 |
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42 | Section 1. Subsection (6) of section 383.0115, Florida |
43 | Statutes, is amended to read: |
44 | 383.0115 The Commission on Marriage and Family Support |
45 | Initiatives.-- |
46 | (6) Pursuant to the requirements in s. 20.052(2), the |
47 | department shall advise the Legislature when the commission |
48 | ceases to be essential to the furtherance of a public purpose. |
49 | This section is repealed on June 30, 2008, unless reviewed and |
50 | saved from repeal through reenactment by the Legislature. |
51 | Section 2. Paragraph (f) of subsection (1) of section |
52 | 397.451, Florida Statutes, is amended, and paragraph (g) is |
53 | added to that subsection, to read: |
54 | 397.451 Background checks of service provider personnel.-- |
55 | (1) PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND |
56 | EXCEPTIONS.-- |
57 | (f) Service provider personnel who request an exemption |
58 | from disqualification must submit the request within 30 days |
59 | after being notified of the a pending disqualification. Upon |
60 | notification of the disqualification, the service provider shall |
61 | comply with the requirements regarding exclusion from employment |
62 | under s. 435.06. The employment of service provider personnel |
63 | shall not be adversely affected pending disposition of the |
64 | request for an exemption. Disapproval of a request for an |
65 | exemption shall result in the immediate dismissal of the service |
66 | provider personnel from employment with the provider. |
67 | (g) The department may not issue a regular license to any |
68 | service provider that fails to provide proof that background |
69 | screening information has been submitted in accordance with |
70 | chapter 435. |
71 | Section 3. Section 3 of chapter 2003-279, Laws of Florida, |
72 | is repealed. |
73 | Section 4. Effective July 1, 2006, subsection (31) of |
74 | section 394.455, Florida Statutes, is amended, and subsections |
75 | (34) and (35) are added to that section, to read: |
76 | 394.455 Definitions.--As used in this part, unless the |
77 | context clearly requires otherwise, the term: |
78 | (31) "Service provider" means any public or private |
79 | receiving facility, an entity under contract with the Department |
80 | of Children and Family Services to provide mental health |
81 | services, a clinical psychologist, a clinical social worker, a |
82 | mental health counselor, a marriage and family therapist, a |
83 | physician, a psychiatric nurse as defined in subsection (23), or |
84 | a community mental health center or clinic as defined in this |
85 | part. |
86 | (34) "Marriage and family therapist" means a person |
87 | licensed as a marriage and family therapist under chapter 491. |
88 | (35) "Mental health counselor" means a person licensed as |
89 | a mental health counselor under chapter 491. |
90 | Section 5. Effective July 1, 2006, paragraph (a) of |
91 | subsection (2) of section 394.463, Florida Statutes, is amended |
92 | to read: |
93 | 394.463 Involuntary examination.-- |
94 | (2) INVOLUNTARY EXAMINATION.-- |
95 | (a) An involuntary examination may be initiated by any one |
96 | of the following means: |
97 | 1. A court may enter an ex parte order stating that a |
98 | person appears to meet the criteria for involuntary examination, |
99 | giving the findings on which that conclusion is based. The ex |
100 | parte order for involuntary examination must be based on sworn |
101 | testimony, written or oral. If other less restrictive means are |
102 | not available, such as voluntary appearance for outpatient |
103 | evaluation, a law enforcement officer, or other designated agent |
104 | of the court, shall take the person into custody and deliver him |
105 | or her to the nearest receiving facility for involuntary |
106 | examination. The order of the court shall be made a part of the |
107 | patient's clinical record. No fee shall be charged for the |
108 | filing of an order under this subsection. Any receiving facility |
109 | accepting the patient based on this order must send a copy of |
110 | the order to the Agency for Health Care Administration on the |
111 | next working day. The order shall be valid only until executed |
112 | or, if not executed, for the period specified in the order |
113 | itself. If no time limit is specified in the order, the order |
114 | shall be valid for 7 days after the date that the order was |
115 | signed. |
116 | 2. A law enforcement officer shall take a person who |
117 | appears to meet the criteria for involuntary examination into |
118 | custody and deliver the person or have him or her delivered to |
119 | the nearest receiving facility for examination. The officer |
120 | shall execute a written report detailing the circumstances under |
121 | which the person was taken into custody, and the report shall be |
122 | made a part of the patient's clinical record. Any receiving |
123 | facility accepting the patient based on this report must send a |
124 | copy of the report to the Agency for Health Care Administration |
125 | on the next working day. |
126 | 3. A physician, clinical psychologist, psychiatric nurse, |
127 | mental health counselor, marriage and family therapist, or |
128 | clinical social worker may execute a certificate stating that he |
129 | or she has examined a person within the preceding 48 hours and |
130 | finds that the person appears to meet the criteria for |
131 | involuntary examination and stating the observations upon which |
132 | that conclusion is based. If other less restrictive means are |
133 | not available, such as voluntary appearance for outpatient |
134 | evaluation, a law enforcement officer shall take the person |
135 | named in the certificate into custody and deliver him or her to |
136 | the nearest receiving facility for involuntary examination. The |
137 | law enforcement officer shall execute a written report detailing |
138 | the circumstances under which the person was taken into custody. |
139 | The report and certificate shall be made a part of the patient's |
140 | clinical record. Any receiving facility accepting the patient |
141 | based on this certificate must send a copy of the certificate to |
142 | the Agency for Health Care Administration on the next working |
143 | day. |
144 | Section 6. Effective July 1, 2006, paragraphs (a) and (c) |
145 | of subsection (2) of section 394.4655, Florida Statutes, are |
146 | amended to read: |
147 | 394.4655 Involuntary outpatient placement.-- |
148 | (2) INVOLUNTARY OUTPATIENT PLACEMENT.-- |
149 | (a)1. A patient may be retained by a receiving facility |
150 | upon the recommendation of the administrator of a receiving |
151 | facility where the patient has been examined and after adherence |
152 | to the notice of hearing procedures provided in s. 394.4599. The |
153 | recommendation must be supported by the opinion of a |
154 | psychiatrist and the second opinion of a clinical psychologist |
155 | or another psychiatrist, both of whom have personally examined |
156 | the patient within the preceding 72 hours, that the criteria for |
157 | involuntary outpatient placement are met. However, in a county |
158 | having a population of fewer than 50,000, if the administrator |
159 | certifies that no psychiatrist or clinical psychologist is |
160 | available to provide the second opinion, the second opinion may |
161 | be provided by a licensed physician who has postgraduate |
162 | training and experience in diagnosis and treatment of mental and |
163 | nervous disorders or by a psychiatric nurse as defined in this |
164 | chapter. Such a recommendation must be entered on an involuntary |
165 | outpatient placement certificate, which certificate must |
166 | authorize the receiving facility to retain the patient pending |
167 | completion of a hearing. The certificate shall be made a part of |
168 | the patient's clinical record. |
169 | 2. If the patient has been stabilized and no longer meets |
170 | the criteria for involuntary examination pursuant to s. |
171 | 394.463(1), the patient must be released from the receiving |
172 | facility while awaiting the hearing for involuntary outpatient |
173 | placement. Prior to filing a petition for involuntary outpatient |
174 | treatment, the administrator of a receiving facility or a |
175 | designated department representative shall identify the service |
176 | provider that will have primary responsibility for service |
177 | provision under an order for involuntary outpatient placement, |
178 | unless the person is otherwise participating in outpatient |
179 | psychiatric treatment and is not in need of public financing for |
180 | that treatment, in which case the individual, if eligible, may |
181 | be ordered to involuntary treatment pursuant to the existing |
182 | psychiatric treatment relationship. |
183 | 3. The service provider shall prepare a written proposed |
184 | treatment plan in consultation with the patient or the patient's |
185 | guardian advocate, if appointed, for the court's consideration |
186 | for inclusion in the involuntary outpatient placement order. The |
187 | service provider shall also provide a copy of the proposed |
188 | treatment plan to the patient and the administrator of the |
189 | receiving facility. The treatment plan must specify the nature |
190 | and extent of the patient's mental illness. The treatment plan |
191 | must address the reduction of symptoms that necessitate |
192 | involuntary outpatient placement and include measurable goals |
193 | and objectives for the services and treatment that are provided |
194 | to treat the person's mental illness and to assist the person in |
195 | living and functioning in the community or to attempt to prevent |
196 | a relapse or deterioration. Service providers may select and |
197 | provide supervision to other individuals to implement specific |
198 | aspects of the treatment plan. The services in the treatment |
199 | plan must be deemed to be clinically appropriate by a physician, |
200 | clinical psychologist, psychiatric nurse, mental health |
201 | counselor, marriage and family therapist, or clinical social |
202 | worker, as defined in this chapter, who consults with, or is |
203 | employed or contracted by, the service provider. The service |
204 | provider must certify to the court in the proposed treatment |
205 | plan whether sufficient services for improvement and |
206 | stabilization are currently available and whether the service |
207 | provider agrees to provide those services. If the service |
208 | provider certifies that the services in the proposed treatment |
209 | plan are not available, the petitioner may not file the |
210 | petition. |
211 | (c)1. The administrator of the treatment facility shall |
212 | provide a copy of the involuntary outpatient placement |
213 | certificate and a copy of the state mental health discharge form |
214 | to a department representative in the county where the patient |
215 | will be residing. For persons who are leaving a state mental |
216 | health treatment facility, the petition for involuntary |
217 | outpatient placement must be filed in the county where the |
218 | patient will be residing. |
219 | 2. The service provider that will have primary |
220 | responsibility for service provision shall be identified by the |
221 | designated department representative prior to the order for |
222 | involuntary outpatient placement and must, prior to filing a |
223 | petition for involuntary outpatient placement, certify to the |
224 | court whether the services recommended in the patient's |
225 | discharge plan are available in the local community and whether |
226 | the service provider agrees to provide those services. The |
227 | service provider must develop with the patient, or the patient's |
228 | guardian advocate, if appointed, a treatment or service plan |
229 | that addresses the needs identified in the discharge plan. The |
230 | plan must be deemed to be clinically appropriate by a physician, |
231 | clinical psychologist, psychiatric nurse, mental health |
232 | counselor, marriage and family therapist, or clinical social |
233 | worker, as defined in this chapter, who consults with, or is |
234 | employed or contracted by, the service provider. |
235 | 3. If the service provider certifies that the services in |
236 | the proposed treatment or service plan are not available, the |
237 | petitioner may not file the petition. |
238 | Section 7. Effective July 1, 2006, paragraph (e) of |
239 | subsection (6) of section 394.467, Florida Statutes, is amended |
240 | to read: |
241 | 394.467 Involuntary inpatient placement.-- |
242 | (6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT.-- |
243 | (e) The administrator of the receiving facility shall |
244 | provide a copy of the court order and adequate documentation of |
245 | a patient's mental illness to the administrator of a treatment |
246 | facility whenever a patient is ordered for involuntary inpatient |
247 | placement, whether by civil or criminal court. The Such |
248 | documentation shall include any advance directives made by the |
249 | patient, a psychiatric evaluation of the patient, and any |
250 | evaluations of the patient performed by a clinical psychologist, |
251 | a mental health counselor, a marriage and family therapist, or a |
252 | clinical social worker. The administrator of a treatment |
253 | facility may refuse admission to any patient directed to its |
254 | facilities on an involuntary basis, whether by civil or criminal |
255 | court order, who is not accompanied at the same time by adequate |
256 | orders and documentation. |
257 | Section 8. Except as otherwise expressly provided in this |
258 | act, this act shall take effect upon becoming a law. |