CS/CS/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, in person; providing
11	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 that reflects a single set of
26	protocols for the safe and secure transportation of the person
27	and transfer of custody of the person. These protocols must also
28	address crisis-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, in
46	person, within the preceding 72 hours, that the criteria for
47	involuntary outpatient placement are met. However, in a county
48	having a population of fewer than 50,000, if the administrator
49	certifies that a no psychiatrist or clinical psychologist is not
50	available to provide the second opinion, the second opinion may
51	be provided through a face-to-face examination, in person,
52	conducted by a licensed physician who has postgraduate training
53	and experience in diagnosis and treatment of mental and nervous
54	disorders or by a psychiatric nurse as defined in this chapter.
55	Such a recommendation must be entered on an involuntary
56	outpatient placement certificate that authorizes, which
57	certificate must authorize the receiving facility to retain the
58	patient pending completion of a hearing. The certificate shall
59	be made a part of the patient's clinical record.
60	2.  If the patient has been stabilized and no longer meets
61	the criteria for involuntary examination pursuant to s.
62	394.463(1), the patient must be released from the receiving
63	facility while awaiting the hearing for involuntary outpatient
64	placement. Before Prior to filing a petition for involuntary
65	outpatient treatment, the administrator of a receiving facility
66	or a designated department representative must shall identify
67	the service provider that will have primary responsibility for
68	service provision under an order for involuntary outpatient
69	placement, unless the person is otherwise participating in
70	outpatient psychiatric treatment and is not in need of public
71	financing for that treatment, in which case the individual, if
72	eligible, may be ordered to involuntary treatment pursuant to
73	the existing psychiatric treatment relationship.
74	3.  The service provider shall prepare a written proposed
75	treatment plan in consultation with the patient or the patient's
76	guardian advocate, if appointed, for the court's consideration
77	for inclusion in the involuntary outpatient placement order. The
78	service provider shall also provide a copy of the proposed
79	treatment plan to the patient and the administrator of the
80	receiving facility. The treatment plan must specify the nature
81	and extent of the patient's mental illness,. The treatment plan
82	must address the reduction of symptoms that necessitate
83	involuntary outpatient placement, and include measurable goals
84	and objectives for the services and treatment that are provided
85	to treat the person's mental illness and to assist the person in
86	living and functioning in the community or to attempt to prevent
87	a relapse or deterioration. Service providers may select and
88	supervise provide supervision to other individuals to implement
89	specific aspects of the treatment plan. The services in the
90	treatment plan must be deemed to be clinically appropriate by a
91	physician, clinical psychologist, psychiatric nurse, mental
92	health counselor, marriage and family therapist, or clinical
93	social worker, as defined in this chapter, who consults with, or
94	is employed or contracted by, the service provider. The service
95	provider must certify to the court in the proposed treatment
96	plan whether sufficient services for improvement and
97	stabilization are currently available and whether the service
98	provider agrees to provide those services. If the service
99	provider certifies that the services in the proposed treatment
100	plan are not available, the petitioner may not file the
101	petition.
102	(b)  If a patient in involuntary inpatient placement meets
103	the criteria for involuntary outpatient placement, the
104	administrator of the treatment facility may, before the
105	expiration of the period during which the treatment facility is
106	authorized to retain the patient, recommend involuntary
107	outpatient placement. The recommendation must be supported by
108	the opinion of a psychiatrist and the second opinion of a
109	clinical psychologist or another psychiatrist, both of whom have
110	personally examined the patient face to face, in person, within
111	the preceding 72 hours, that the criteria for involuntary
112	outpatient placement are met. However, in a county having a
113	population of fewer than 50,000, if the administrator certifies
114	that a no psychiatrist or clinical psychologist is not available
115	to provide the second opinion, the second opinion may be
116	provided through a face-to-face examination, in person,
117	conducted by a licensed physician who has postgraduate training
118	and experience in diagnosis and treatment of mental and nervous
119	disorders or by a psychiatric nurse as defined in s.
120	394.455(23). Such a recommendation must be entered on an
121	involuntary outpatient placement certificate, and the
122	certificate must shall be made a part of the patient's clinical
123	record.
124	Section 3.  Subsection (2) of section 394.467, Florida
125	Statutes, is amended to read:
126	394.467  Involuntary inpatient placement.--
127	(2)  ADMISSION TO A TREATMENT FACILITY.--A patient may be
128	retained by a receiving facility or involuntarily placed in a
129	treatment facility upon the recommendation of the administrator
130	of the a receiving facility where the patient has been examined
131	and after adherence to the notice and hearing procedures
132	provided in s. 394.4599. The recommendation must be supported by
133	the opinion of a psychiatrist and the second opinion of a
134	clinical psychologist or another psychiatrist, both of whom have
135	personally examined the patient face to face, in person, within
136	the preceding 72 hours, that the criteria for involuntary
137	inpatient placement are met. However, in a county that has a
138	population of fewer counties of less than 50,000 population, if
139	the administrator certifies that a no psychiatrist or clinical
140	psychologist is not available to provide the second opinion, the
141	such second opinion may be provided through a face-to-face
142	examination, in person, conducted by a licensed physician who
143	has with postgraduate training and experience in diagnosis and
144	treatment of mental and nervous disorders or by a psychiatric
145	nurse as defined in s. 394.455(23). Such recommendation shall be
146	entered on an involuntary inpatient placement certificate that
147	authorizes, which certificate shall authorize the receiving
148	facility to retain the patient pending transfer to a treatment
149	facility or completion of a hearing.
150	Section 4.  This act shall take effect July 1, 2009.

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