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. |