Florida Senate - 2009                       CS for CS for SB 456
       
       
       
       By the Committees on Health Regulation; and Children, Families,
       and Elder Affairs; and Senator Gaetz
       
       
       
       588-03435-09                                           2009456c2
    1                        A bill to be entitled                      
    2         An act relating to mental illness; amending s.
    3         394.455, F.S.; defining the term “electronic means”;
    4         amending s. 394.462, F.S.; requiring a law enforcement
    5         agency that transports persons to a receiving facility
    6         to have a memorandum of understanding with the
    7         facility; requiring that custody of a person who is
    8         transported to a receiving or treatment facility be
    9         relinquished to a responsible person at the facility;
   10         amending ss. 394.4655 and 394.467, F.S.; specifying
   11         that a psychiatric examination by certain personnel be
   12         conducted face-to-face, in person or by electronic
   13         means; providing an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (38) is added to section 394.455,
   18  Florida Statutes, to read:
   19         394.455 Definitions.—As used in this part, unless the
   20  context clearly requires otherwise, the term:
   21         (38)“Electronic means” means a form of telecommunication
   22  that requires all parties to maintain visual as well as audio
   23  communication.
   24         Section 2. Present paragraphs (k) and (l) of subsection (1)
   25  of section 394.462, Florida Statutes, are redesignated as
   26  paragraphs (l) and (m), respectively, a new paragraph (k) is
   27  added to that subsection, present subsection (3) of that section
   28  is renumbered as subsection (4), and a new subsection (3) is
   29  added to that section, to read:
   30         394.462 Transportation.—
   31         (1) TRANSPORTATION TO A RECEIVING FACILITY.—
   32         (k)Each law enforcement agency shall develop a memorandum
   33  of understanding with each receiving facility within the law
   34  enforcement agency’s jurisdiction which reflects a single set of
   35  protocols for the safe and secure transportation of the person
   36  and transfer of custody of the person. These protocols must also
   37  address crisis-intervention measures.
   38         (3)TRANSFER OF CUSTODY.—Custody of a person who is
   39  transported pursuant to this part, along with related
   40  documentation, shall be relinquished to a responsible individual
   41  at the appropriate receiving or treatment facility.
   42         Section 3. Paragraphs (a) and (b) of subsection (2) of
   43  section 394.4655, Florida Statutes, are amended to read:
   44         394.4655 Involuntary outpatient placement.—
   45         (2) INVOLUNTARY OUTPATIENT PLACEMENT.—
   46         (a)1. A patient who is being recommended for involuntary
   47  outpatient placement by may be retained by a receiving facility
   48  upon the recommendation of the administrator of the a receiving
   49  facility where the patient has been examined may be retained by
   50  the facility and after adherence to the notice of hearing
   51  procedures provided in s. 394.4599. The recommendation must be
   52  supported by the opinion of a psychiatrist and the second
   53  opinion of a clinical psychologist or another psychiatrist, both
   54  of whom have personally examined the patient face-to-face, in
   55  person or by electronic means, within the preceding 72 hours,
   56  that the criteria for involuntary outpatient placement are met.
   57  However, in a county having a population of fewer than 50,000,
   58  if the administrator certifies that a no psychiatrist or
   59  clinical psychologist is not available to provide the second
   60  opinion, the second opinion may be provided through a face-to
   61  face examination, in person or by electronic means, conducted by
   62  a licensed physician who has postgraduate training and
   63  experience in diagnosis and treatment of mental and nervous
   64  disorders or by a psychiatric nurse as defined in this chapter.
   65  Such a recommendation must be entered on an involuntary
   66  outpatient placement certificate that authorizes, which
   67  certificate must authorize the receiving facility to retain the
   68  patient pending completion of a hearing. The certificate shall
   69  be made a part of the patient’s clinical record.
   70         2. If the patient has been stabilized and no longer meets
   71  the criteria for involuntary examination pursuant to s.
   72  394.463(1), the patient must be released from the receiving
   73  facility while awaiting the hearing for involuntary outpatient
   74  placement. Before Prior to filing a petition for involuntary
   75  outpatient treatment, the administrator of a receiving facility
   76  or a designated department representative must shall identify
   77  the service provider that will have primary responsibility for
   78  service provision under an order for involuntary outpatient
   79  placement, unless the person is otherwise participating in
   80  outpatient psychiatric treatment and is not in need of public
   81  financing for that treatment, in which case the individual, if
   82  eligible, may be ordered to involuntary treatment pursuant to
   83  the existing psychiatric treatment relationship.
   84         3. The service provider shall prepare a written proposed
   85  treatment plan in consultation with the patient or the patient’s
   86  guardian advocate, if appointed, for the court’s consideration
   87  for inclusion in the involuntary outpatient placement order. The
   88  service provider shall also provide a copy of the proposed
   89  treatment plan to the patient and the administrator of the
   90  receiving facility. The treatment plan must specify the nature
   91  and extent of the patient’s mental illness,. The treatment plan
   92  must address the reduction of symptoms that necessitate
   93  involuntary outpatient placement, and include measurable goals
   94  and objectives for the services and treatment that are provided
   95  to treat the person’s mental illness and to assist the person in
   96  living and functioning in the community or to attempt to prevent
   97  a relapse or deterioration. Service providers may select and
   98  supervise provide supervision to other individuals to implement
   99  specific aspects of the treatment plan. The services in the
  100  treatment plan must be deemed to be clinically appropriate by a
  101  physician, clinical psychologist, psychiatric nurse, mental
  102  health counselor, marriage and family therapist, or clinical
  103  social worker, as defined in this chapter, who consults with, or
  104  is employed or contracted by, the service provider. The service
  105  provider must certify to the court in the proposed treatment
  106  plan whether sufficient services for improvement and
  107  stabilization are currently available and whether the service
  108  provider agrees to provide those services. If the service
  109  provider certifies that the services in the proposed treatment
  110  plan are not available, the petitioner may not file the
  111  petition.
  112         (b) If a patient in involuntary inpatient placement meets
  113  the criteria for involuntary outpatient placement, the
  114  administrator of the treatment facility may, before the
  115  expiration of the period during which the treatment facility is
  116  authorized to retain the patient, recommend involuntary
  117  outpatient placement. The recommendation must be supported by
  118  the opinion of a psychiatrist and the second opinion of a
  119  clinical psychologist or another psychiatrist, both of whom have
  120  personally examined the patient face-to-face, in person or by
  121  electronic means, within the preceding 72 hours, that the
  122  criteria for involuntary outpatient placement are met. However,
  123  in a county having a population of fewer than 50,000, if the
  124  administrator certifies that a no psychiatrist or clinical
  125  psychologist is not available to provide the second opinion, the
  126  second opinion may be provided through a face-to-face
  127  examination, in person or by electronic means, conducted by a
  128  licensed physician who has postgraduate training and experience
  129  in diagnosis and treatment of mental and nervous disorders or by
  130  a psychiatric nurse as defined in s. 394.455(23). Such a
  131  recommendation must be entered on an involuntary outpatient
  132  placement certificate, and the certificate must shall be made a
  133  part of the patient’s clinical record.
  134         Section 4. Subsection (2) of section 394.467, Florida
  135  Statutes, is amended to read:
  136         394.467 Involuntary inpatient placement.—
  137         (2) ADMISSION TO A TREATMENT FACILITY.—A patient may be
  138  retained by a receiving facility or involuntarily placed in a
  139  treatment facility upon the recommendation of the administrator
  140  of the a receiving facility where the patient has been examined
  141  and after adherence to the notice and hearing procedures
  142  provided in s. 394.4599. The recommendation must be supported by
  143  the opinion of a psychiatrist and the second opinion of a
  144  clinical psychologist or another psychiatrist, both of whom have
  145  personally examined the patient face-to-face, in person or by
  146  electronic means, within the preceding 72 hours, that the
  147  criteria for involuntary inpatient placement are met. However,
  148  in a county that has a population of fewer counties of less than
  149  50,000 population, if the administrator certifies that a no
  150  psychiatrist or clinical psychologist is not available to
  151  provide the second opinion, the such second opinion may be
  152  provided through a face-to-face examination, in person or by
  153  electronic means, conducted by a licensed physician who has with
  154  postgraduate training and experience in diagnosis and treatment
  155  of mental and nervous disorders or by a psychiatric nurse as
  156  defined in s. 394.455(23). Such recommendation shall be entered
  157  on an involuntary inpatient placement certificate that
  158  authorizes, which certificate shall authorize the receiving
  159  facility to retain the patient pending transfer to a treatment
  160  facility or completion of a hearing.
  161         Section 5. This act shall take effect July 1, 2009.