HB 535

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

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