HB 535

1
A bill to be entitled
2An act relating to mental illness; amending s. 394.462,
3F.S.; requiring a law enforcement agency that transports
4persons to a receiving facility to have a memorandum of
5understanding with the facility; requiring that custody of
6a person who is transported to a receiving or treatment
7facility be relinquished to a responsible person at the
8facility; amending ss. 394.4655 and 394.467, F.S.;
9specifying that a psychiatric examination by certain
10personnel be conducted face-to-face or by electronic
11means; providing an effective date.
12
13Be 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
17paragraphs (l) and (m), respectively, a new paragraph (k) is
18added to that subsection, present subsection (3) of that section
19is renumbered as subsection (4), and a new subsection (3) is
20added 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
24of understanding with each receiving facility within the law
25enforcement agency's jurisdiction. The memorandum must include
26protocols for the safe and secure transportation of the person
27and transfer of custody of the person, and must address crisis
28intervention measures.
29     (3)  TRANSFER OF CUSTODY.--Custody of a person who is
30transported pursuant to this part, along with related
31documentation, shall be relinquished to a responsible individual
32at the appropriate receiving or treatment facility.
33     Section 2.  Paragraphs (a) and (b) of subsection (2) of
34section 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
38outpatient placement by may be retained by a receiving facility
39upon the recommendation of the administrator of the a receiving
40facility where the patient has been examined may be retained by
41the facility and after adherence to the notice of hearing
42procedures provided in s. 394.4599. The recommendation must be
43supported by the opinion of a psychiatrist and the second
44opinion of a clinical psychologist or another psychiatrist, both
45of whom have personally examined the patient face-to-face or by
46electronic means within the preceding 72 hours, that the
47criteria for involuntary outpatient placement are met. However,
48in a county having a population of fewer than 50,000, if the
49administrator certifies that a no psychiatrist or clinical
50psychologist is not available to provide the second opinion, the
51second opinion may be provided through a face-to-face
52examination or electronic means conducted by a licensed
53physician who has postgraduate training and experience in
54diagnosis and treatment of mental and nervous disorders or by a
55psychiatric nurse as defined in this chapter. Such a
56recommendation must be entered on an involuntary outpatient
57placement certificate that authorizes, which certificate must
58authorize the receiving facility to retain the patient pending
59completion of a hearing. The certificate shall be made a part of
60the patient's clinical record.
61     2.  If the patient has been stabilized and no longer meets
62the criteria for involuntary examination pursuant to s.
63394.463(1), the patient must be released from the receiving
64facility while awaiting the hearing for involuntary outpatient
65placement. Before Prior to filing a petition for involuntary
66outpatient treatment, the administrator of a receiving facility
67or a designated department representative must shall identify
68the service provider that will have primary responsibility for
69service provision under an order for involuntary outpatient
70placement, unless the person is otherwise participating in
71outpatient psychiatric treatment and is not in need of public
72financing for that treatment, in which case the individual, if
73eligible, may be ordered to involuntary treatment pursuant to
74the existing psychiatric treatment relationship.
75     3.  The service provider shall prepare a written proposed
76treatment plan in consultation with the patient or the patient's
77guardian advocate, if appointed, for the court's consideration
78for inclusion in the involuntary outpatient placement order. The
79service provider shall also provide a copy of the proposed
80treatment plan to the patient and the administrator of the
81receiving facility. The treatment plan must specify the nature
82and extent of the patient's mental illness,. The treatment plan
83must address the reduction of symptoms that necessitate
84involuntary outpatient placement, and include measurable goals
85and objectives for the services and treatment that are provided
86to treat the person's mental illness and to assist the person in
87living and functioning in the community or to attempt to prevent
88a relapse or deterioration. Service providers may select and
89supervise provide supervision to other individuals to implement
90specific aspects of the treatment plan. The services in the
91treatment plan must be deemed to be clinically appropriate by a
92physician, clinical psychologist, psychiatric nurse, mental
93health counselor, marriage and family therapist, or clinical
94social worker, as defined in this chapter, who consults with, or
95is employed or contracted by, the service provider. The service
96provider must certify to the court in the proposed treatment
97plan whether sufficient services for improvement and
98stabilization are currently available and whether the service
99provider agrees to provide those services. If the service
100provider certifies that the services in the proposed treatment
101plan are not available, the petitioner may not file the
102petition.
103     (b)  If a patient in involuntary inpatient placement meets
104the criteria for involuntary outpatient placement, the
105administrator of the treatment facility may, before the
106expiration of the period during which the treatment facility is
107authorized to retain the patient, recommend involuntary
108outpatient placement. The recommendation must be supported by
109the opinion of a psychiatrist and the second opinion of a
110clinical psychologist or another psychiatrist, both of whom have
111personally examined the patient face-to-face or by electronic
112means within the preceding 72 hours, that the criteria for
113involuntary outpatient placement are met. However, in a county
114having a population of fewer than 50,000, if the administrator
115certifies that a no psychiatrist or clinical psychologist is not
116available to provide the second opinion, the second opinion may
117be provided through a face-to-face examination or electronic
118means conducted by a licensed physician who has postgraduate
119training and experience in diagnosis and treatment of mental and
120nervous disorders or by a psychiatric nurse as defined in s.
121394.455(23). Such a recommendation must be entered on an
122involuntary outpatient placement certificate, and the
123certificate must shall be made a part of the patient's clinical
124record.
125     Section 3.  Subsection (2) of section 394.467, Florida
126Statutes, is amended to read:
127     394.467  Involuntary inpatient placement.--
128     (2)  ADMISSION TO A TREATMENT FACILITY.--A patient may be
129retained by a receiving facility or involuntarily placed in a
130treatment facility upon the recommendation of the administrator
131of the a receiving facility where the patient has been examined
132and after adherence to the notice and hearing procedures
133provided in s. 394.4599. The recommendation must be supported by
134the opinion of a psychiatrist and the second opinion of a
135clinical psychologist or another psychiatrist, both of whom have
136personally examined the patient face-to-face or by electronic
137means within the preceding 72 hours, that the criteria for
138involuntary inpatient placement are met. However, in a county
139that has a population of fewer counties of less than 50,000
140population, if the administrator certifies that a no
141psychiatrist or clinical psychologist is not available to
142provide the second opinion, the such second opinion may be
143provided through a face-to-face examination or electronic means
144conducted by a licensed physician who has with postgraduate
145training and experience in diagnosis and treatment of mental and
146nervous disorders or by a psychiatric nurse as defined in s.
147394.455(23). Such recommendation shall be entered on an
148involuntary inpatient placement certificate that authorizes,
149which certificate shall authorize the receiving facility to
150retain the patient pending transfer to a treatment facility or
151completion of a hearing.
152     Section 4.  This act shall take effect July 1, 2009.


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