HB 7083CS

CHAMBER ACTION




1The Health & Families Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to programs of the Department of Children
7and Family Services; amending s. 383.0115, F.S.; deleting
8a provision that repeals the Commission on Marriage and
9Family Support Initiatives; directing the Department of
10Children and Family Services to advise the Legislature
11when the commission ceases to be essential; amending s.
12397.451, F.S.; requiring service provider personnel who
13request an exemption from disqualification to submit the
14request within a certain time after notification of the
15disqualification; requiring a service provider to comply
16with the provisions of s. 435.06, F.S.; deleting a
17provision requiring immediate dismissal of service
18provider personnel upon disapproval of a request for an
19exemption; prohibiting the department from issuing a
20regular license to a service provider that fails to
21provide proof that background screening information has
22been submitted; repealing s. 3, ch. 2003-279, Laws of
23Florida; abrogating the repeal of s. 20.19(2)(c) and
24(4)(b)6. and 8., F.S., relating to the appointment of
25certain mental health and substance abuse positions and
26the establishment of program offices for mental health and
27substance abuse; amending s. 394.455, F.S.; revising and
28providing definitions; amending s. 394.463, F.S.;
29providing that a marriage and family therapist may execute
30a certificate for involuntary examination; amending s.
31394.4655, F.S.; providing that a mental health counselor
32or a marriage and family therapist may deem a services
33treatment plan clinically appropriate for an involuntary
34outpatient placement; amending s. 394.467, F.S.; requiring
35that documentation of any evaluation performed by a mental
36health counselor or a marriage and family therapist be
37provided when a patient is ordered for involuntary
38inpatient placement; providing effective dates.
39
40Be It Enacted by the Legislature of the State of Florida:
41
42     Section 1.  Subsection (6) of section 383.0115, Florida
43Statutes, is amended to read:
44     383.0115  The Commission on Marriage and Family Support
45Initiatives.--
46     (6)  Pursuant to the requirements in s. 20.052(2), the
47department shall advise the Legislature when the commission
48ceases to be essential to the furtherance of a public purpose.
49This section is repealed on June 30, 2008, unless reviewed and
50saved from repeal through reenactment by the Legislature.
51     Section 2.  Paragraph (f) of subsection (1) of section
52397.451, Florida Statutes, is amended, and paragraph (g) is
53added to that subsection, to read:
54     397.451  Background checks of service provider personnel.--
55     (1)  PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND
56EXCEPTIONS.--
57     (f)  Service provider personnel who request an exemption
58from disqualification must submit the request within 30 days
59after being notified of the a pending disqualification. Upon
60notification of the disqualification, the service provider shall
61comply with the requirements regarding exclusion from employment
62under s. 435.06. The employment of service provider personnel
63shall not be adversely affected pending disposition of the
64request for an exemption. Disapproval of a request for an
65exemption shall result in the immediate dismissal of the service
66provider personnel from employment with the provider.
67     (g)  The department may not issue a regular license to any
68service provider that fails to provide proof that background
69screening information has been submitted in accordance with
70chapter 435.
71     Section 3.  Section 3 of chapter 2003-279, Laws of Florida,
72is repealed.
73     Section 4.  Effective July 1, 2006, subsection (31) of
74section 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
77context clearly requires otherwise, the term:
78     (31)  "Service provider" means any public or private
79receiving facility, an entity under contract with the Department
80of Children and Family Services to provide mental health
81services, a clinical psychologist, a clinical social worker, a
82mental health counselor, a marriage and family therapist, a
83physician, a psychiatric nurse as defined in subsection (23), or
84a community mental health center or clinic as defined in this
85part.
86     (34)  "Marriage and family therapist" means a person
87licensed as a marriage and family therapist under chapter 491.
88     (35)  "Mental health counselor" means a person licensed as
89a mental health counselor under chapter 491.
90     Section 5.  Effective July 1, 2006, paragraph (a) of
91subsection (2) of section 394.463, Florida Statutes, is amended
92to read:
93     394.463  Involuntary examination.--
94     (2)  INVOLUNTARY EXAMINATION.--
95     (a)  An involuntary examination may be initiated by any one
96of the following means:
97     1.  A court may enter an ex parte order stating that a
98person appears to meet the criteria for involuntary examination,
99giving the findings on which that conclusion is based. The ex
100parte order for involuntary examination must be based on sworn
101testimony, written or oral. If other less restrictive means are
102not available, such as voluntary appearance for outpatient
103evaluation, a law enforcement officer, or other designated agent
104of the court, shall take the person into custody and deliver him
105or her to the nearest receiving facility for involuntary
106examination. The order of the court shall be made a part of the
107patient's clinical record. No fee shall be charged for the
108filing of an order under this subsection. Any receiving facility
109accepting the patient based on this order must send a copy of
110the order to the Agency for Health Care Administration on the
111next working day. The order shall be valid only until executed
112or, if not executed, for the period specified in the order
113itself. If no time limit is specified in the order, the order
114shall be valid for 7 days after the date that the order was
115signed.
116     2.  A law enforcement officer shall take a person who
117appears to meet the criteria for involuntary examination into
118custody and deliver the person or have him or her delivered to
119the nearest receiving facility for examination. The officer
120shall execute a written report detailing the circumstances under
121which the person was taken into custody, and the report shall be
122made a part of the patient's clinical record. Any receiving
123facility accepting the patient based on this report must send a
124copy of the report to the Agency for Health Care Administration
125on the next working day.
126     3.  A physician, clinical psychologist, psychiatric nurse,
127mental health counselor, marriage and family therapist, or
128clinical social worker may execute a certificate stating that he
129or she has examined a person within the preceding 48 hours and
130finds that the person appears to meet the criteria for
131involuntary examination and stating the observations upon which
132that conclusion is based. If other less restrictive means are
133not available, such as voluntary appearance for outpatient
134evaluation, a law enforcement officer shall take the person
135named in the certificate into custody and deliver him or her to
136the nearest receiving facility for involuntary examination. The
137law enforcement officer shall execute a written report detailing
138the circumstances under which the person was taken into custody.
139The report and certificate shall be made a part of the patient's
140clinical record. Any receiving facility accepting the patient
141based on this certificate must send a copy of the certificate to
142the Agency for Health Care Administration on the next working
143day.
144     Section 6.  Effective July 1, 2006, paragraphs (a) and (c)
145of subsection (2) of section 394.4655, Florida Statutes, are
146amended 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
150upon the recommendation of the administrator of a receiving
151facility where the patient has been examined and after adherence
152to the notice of hearing procedures provided in s. 394.4599. The
153recommendation must be supported by the opinion of a
154psychiatrist and the second opinion of a clinical psychologist
155or another psychiatrist, both of whom have personally examined
156the patient within the preceding 72 hours, that the criteria for
157involuntary outpatient placement are met. However, in a county
158having a population of fewer than 50,000, if the administrator
159certifies that no psychiatrist or clinical psychologist is
160available to provide the second opinion, the second opinion may
161be provided by a licensed physician who has postgraduate
162training and experience in diagnosis and treatment of mental and
163nervous disorders or by a psychiatric nurse as defined in this
164chapter. Such a recommendation must be entered on an involuntary
165outpatient placement certificate, which certificate must
166authorize the receiving facility to retain the patient pending
167completion of a hearing. The certificate shall be made a part of
168the patient's clinical record.
169     2.  If the patient has been stabilized and no longer meets
170the criteria for involuntary examination pursuant to s.
171394.463(1), the patient must be released from the receiving
172facility while awaiting the hearing for involuntary outpatient
173placement. Prior to filing a petition for involuntary outpatient
174treatment, the administrator of a receiving facility or a
175designated department representative shall identify the service
176provider that will have primary responsibility for service
177provision under an order for involuntary outpatient placement,
178unless the person is otherwise participating in outpatient
179psychiatric treatment and is not in need of public financing for
180that treatment, in which case the individual, if eligible, may
181be ordered to involuntary treatment pursuant to the existing
182psychiatric treatment relationship.
183     3.  The service provider shall prepare a written proposed
184treatment plan in consultation with the patient or the patient's
185guardian advocate, if appointed, for the court's consideration
186for inclusion in the involuntary outpatient placement order. The
187service provider shall also provide a copy of the proposed
188treatment plan to the patient and the administrator of the
189receiving facility. The treatment plan must specify the nature
190and extent of the patient's mental illness. The treatment plan
191must address the reduction of symptoms that necessitate
192involuntary outpatient placement and include measurable goals
193and objectives for the services and treatment that are provided
194to treat the person's mental illness and to assist the person in
195living and functioning in the community or to attempt to prevent
196a relapse or deterioration. Service providers may select and
197provide supervision to other individuals to implement specific
198aspects of the treatment plan. The services in the treatment
199plan must be deemed to be clinically appropriate by a physician,
200clinical psychologist, psychiatric nurse, mental health
201counselor, marriage and family therapist, or clinical social
202worker, as defined in this chapter, who consults with, or is
203employed or contracted by, the service provider. The service
204provider must certify to the court in the proposed treatment
205plan whether sufficient services for improvement and
206stabilization are currently available and whether the service
207provider agrees to provide those services. If the service
208provider certifies that the services in the proposed treatment
209plan are not available, the petitioner may not file the
210petition.
211     (c)1.  The administrator of the treatment facility shall
212provide a copy of the involuntary outpatient placement
213certificate and a copy of the state mental health discharge form
214to a department representative in the county where the patient
215will be residing. For persons who are leaving a state mental
216health treatment facility, the petition for involuntary
217outpatient placement must be filed in the county where the
218patient will be residing.
219     2.  The service provider that will have primary
220responsibility for service provision shall be identified by the
221designated department representative prior to the order for
222involuntary outpatient placement and must, prior to filing a
223petition for involuntary outpatient placement, certify to the
224court whether the services recommended in the patient's
225discharge plan are available in the local community and whether
226the service provider agrees to provide those services. The
227service provider must develop with the patient, or the patient's
228guardian advocate, if appointed, a treatment or service plan
229that addresses the needs identified in the discharge plan. The
230plan must be deemed to be clinically appropriate by a physician,
231clinical psychologist, psychiatric nurse, mental health
232counselor, marriage and family therapist, or clinical social
233worker, as defined in this chapter, who consults with, or is
234employed or contracted by, the service provider.
235     3.  If the service provider certifies that the services in
236the proposed treatment or service plan are not available, the
237petitioner may not file the petition.
238     Section 7.  Effective July 1, 2006, paragraph (e) of
239subsection (6) of section 394.467, Florida Statutes, is amended
240to read:
241     394.467  Involuntary inpatient placement.--
242     (6)  HEARING ON INVOLUNTARY INPATIENT PLACEMENT.--
243     (e)  The administrator of the receiving facility shall
244provide a copy of the court order and adequate documentation of
245a patient's mental illness to the administrator of a treatment
246facility whenever a patient is ordered for involuntary inpatient
247placement, whether by civil or criminal court. The Such
248documentation shall include any advance directives made by the
249patient, a psychiatric evaluation of the patient, and any
250evaluations of the patient performed by a clinical psychologist,
251a mental health counselor, a marriage and family therapist, or a
252clinical social worker. The administrator of a treatment
253facility may refuse admission to any patient directed to its
254facilities on an involuntary basis, whether by civil or criminal
255court order, who is not accompanied at the same time by adequate
256orders and documentation.
257     Section 8. Except as otherwise expressly provided in this
258act, this act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.