Florida Senate - 2010                                    SB 2678
       
       
       
       By Senator Storms
       
       
       
       
       10-00842D-10                                          20102678__
    1                        A bill to be entitled                      
    2         An act relating to mental health; revising part I of
    3         ch. 394, F,S., relating to the Florida Mental Health
    4         Act, to substitute the term “individual” for the terms
    5         “person,” “patient,” or “client”; amending s. 394.453,
    6         F.S.; conforming terms; amending s. 394.455, F.S.;
    7         redefining terms, defining new terms, and deleting
    8         terms; amending s. 394.457, F.S.; conforming terms;
    9         amending s. 394.4572, F.S.; conforming terms; deleting
   10         certain background screening requirements and
   11         exemptions for certain mental health professionals;
   12         amending s. 394.4573, F.S.; conforming terms; deleting
   13         a report requirement relating to the implementation of
   14         staffing standards in state treatment facilities;
   15         amending ss. 394.4574 and 394.458, F.S.; conforming
   16         terms; amending s. 394.459, F.S.; conforming terms;
   17         revising requirements for a physical examination and
   18         psychiatric evaluation and requiring the examination
   19         to be documented in the clinical record; requiring
   20         facilities to provide procedures for reporting events
   21         that place individuals receiving services at risk of
   22         harm; requiring facilities to provide information and
   23         assist individuals with advance directives; amending
   24         ss. 394.4593 and 394.4595, F.S.; conforming terms;
   25         amending s. 394.4597, F.S.; conforming terms; adding a
   26         health care surrogate to list of persons to be noted
   27         in clinical record; specifying the rights, authority,
   28         and responsibilities of a representative; amending s.
   29         394.4598, F.S.; conforming terms; requiring a guardian
   30         advocate to make every effort to make the decision the
   31         individual would have made; amending s. 394.4599,
   32         F.S.; conforming terms; adding the health care
   33         surrogate or proxy to list of persons to receive
   34         notice of involuntary admission; repealing s. 394.460,
   35         F.S., relating to the rights of professionals;
   36         amending s. 394.461, F.S.; conforming terms;
   37         specifying that only governmental facilities may serve
   38         as receiving and treatment facilities; revising
   39         facility data that must be submitted to the Agency for
   40         Health Care Administration; amending s. 394.4615,
   41         F.S.; conforming terms; adding a health care surrogate
   42         or proxy to list of persons that may waive
   43         confidentiality of a clinical record; providing
   44         additional grounds for releasing a clinical record;
   45         amending s. 394.462, F.S.; conforming terms; providing
   46         that a law enforcement officer acting in good faith
   47         may not be held liable for false imprisonment;
   48         specifying when a county or law enforcement agency may
   49         be reimbursed for transportation expenses; authorizing
   50         the Department of Corrections to transport an
   51         individual under certain circumstances; amending s.
   52         394.4625, F.S.; conforming terms; requiring a minor’s
   53         assent to voluntary admission; requiring an individual
   54         who has been voluntarily admitted and charged with a
   55         crime to be returned to the custody of a law
   56         enforcement agency after discharge; amending s.
   57         394.463, F.S.; conforming terms; requiring an ex parte
   58         order for involuntary examination to be based on
   59         specific facts and have occurred within the last 14
   60         days; providing that a certificate for involuntary
   61         examination is valid only until the individual is
   62         delivered to a receiving facility or for 7 days after
   63         the certificate is executed; providing notification
   64         requirements to guardians of minors who are
   65         involuntarily examined; revising the procedures for
   66         holding a person for involuntary examination and for
   67         emergency situations; amending s. 394.4655, F.S.;
   68         conforming terms; revising criteria for requesting a
   69         continuance for a hearing on involuntary outpatient
   70         placement; amending s. 394.467, F.S.; conforming
   71         terms; requiring a facility to send a copy of the
   72         petition for involuntary inpatient placement to the
   73         Agency for Health Care Administration; requiring an
   74         attorney representing an individual in involuntary
   75         placement to represent the individual’s expressed
   76         desires and be present at all hearings; requiring the
   77         state attorney to participate in all hearings on
   78         involuntary placement; prohibiting continuance
   79         requests from parties other than the individual;
   80         requiring the court to also conduct a hearing on
   81         capacity to consent to treatment; providing for the
   82         appointment of a guardian advocate if an individual is
   83         found incompetent; requiring the court to determine
   84         that an individual has knowingly waived his or her
   85         attendance at the hearing; requiring the court to
   86         allow certain testimony at hearings on involuntary
   87         placement if a continuance is granted; requiring the
   88         Division of Administrative Hearings to inform an
   89         individual of his or her right to an independent
   90         expert examination; amending ss. 394.46715 and
   91         394.4672, F.S.; conforming terms; repealing s.
   92         394.4674, F.S., relating to a plan and report on the
   93         deinstitutionalization of patients in treatment
   94         facilities; amending s. 394.4685, F.S.; conforming
   95         terms; authorizing a public facility to request the
   96         transfer of an individual to a private facility;
   97         amending s. 394.469, F.S.; conforming terms; requiring
   98         a discharged individual who is charged with a crime to
   99         be returned to the custody of a law enforcement
  100         agency; amending ss. 394.473, 394.475, 394.4785,
  101         394.4786, 394.47865, 394.4787, 394.4788, and 394.4789,
  102         F.S.; conforming terms; amending ss. 39.407, 394.495,
  103         394.496, 394.9085, 419.001, and 744.704, F.S.;
  104         conforming cross-references; providing an effective
  105         date.
  106  
  107  Be It Enacted by the Legislature of the State of Florida:
  108  
  109         Section 1. Section 394.453, Florida Statutes, is amended to
  110  read:
  111         394.453 Legislative intent.—It is the intent of the
  112  Legislature to authorize and direct the Department of Children
  113  and Family Services to evaluate, research, plan, and recommend
  114  to the Governor and the Legislature programs designed to reduce
  115  the occurrence, severity, duration, and disabling aspects of
  116  mental, emotional, and behavioral disorders. It is the intent of
  117  the Legislature that treatment programs for such disorders shall
  118  include, but not be limited to, comprehensive health, social,
  119  educational, and rehabilitative services for individuals to
  120  persons requiring intensive short-term and continued treatment
  121  in order to encourage them to assume responsibility for their
  122  treatment and recovery. It is intended that such individuals
  123  persons be provided with emergency service and temporary
  124  detention for evaluation if when required; that they be admitted
  125  to treatment facilities if on a voluntary basis when extended or
  126  continuing care is needed and unavailable in the community; that
  127  involuntary placement be provided only if when expert evaluation
  128  determines that it is necessary; that any involuntary treatment
  129  or examination be accomplished in a setting that which is
  130  clinically appropriate and most likely to facilitate the
  131  individual’s person’s return to the community as soon as
  132  possible; and that individual dignity and human rights be
  133  guaranteed to all individuals persons who are admitted to mental
  134  health facilities or who are being held under s. 394.463. It is
  135  the further intent of the Legislature that the least restrictive
  136  means of intervention be employed based on the individual’s
  137  individual needs of each person, within the scope of available
  138  services. It is the policy of this state that the use of
  139  restraint and seclusion on clients is justified only as an
  140  emergency safety measure to be used in response to imminent
  141  danger to the individual client or others. It is, therefore, the
  142  intent of the Legislature to achieve an ongoing reduction in the
  143  use of restraint and seclusion in programs and facilities
  144  serving individuals who have persons with mental illness.
  145         Section 2. Section 394.455, Florida Statutes, is amended to
  146  read:
  147         394.455 Definitions.—As used in this part, unless the
  148  context clearly requires otherwise, the term:
  149         (1) “Administrator” means the chief administrative officer
  150  of a receiving or treatment facility or his or her designee.
  151         (2) “Adult” means an individual who is 18 years of age or
  152  older or who has had the disabilities of nonage removed pursuant
  153  to s. 743.01 or s. 743.015.
  154         (3)“Advance directive” has the same meaning as in s.
  155  765.101.
  156         (4)(2) “Clinical psychologist” means a psychologist as
  157  defined in s. 490.003 490.003(7) with 3 years of postdoctoral
  158  experience in the practice of clinical psychology, inclusive of
  159  the experience required for licensure, or a psychologist
  160  employed by a facility operated by the United States Department
  161  of Veterans Affairs or the United States Department of Defense
  162  that qualifies as a receiving or treatment facility under this
  163  part.
  164         (5)(3) “Clinical record” means all parts of the record
  165  required to be maintained and includes all medical records,
  166  progress notes, charts, and admission and discharge data, and
  167  all other information recorded by a facility staff which
  168  pertains to an individual’s the patient’s hospitalization or
  169  treatment.
  170         (6)(4) “Clinical social worker” has the same meaning as in
  171  s. 491.003 means a person licensed as a clinical social worker
  172  under chapter 491.
  173         (7)(5) “Community facility” means a any community service
  174  provider contracting with the department to furnish substance
  175  abuse or mental health services under part IV of this chapter.
  176         (8)(6) “Community mental health center or clinic” means a
  177  publicly funded, not-for-profit center that which contracts with
  178  the department for the provision of inpatient, outpatient, day
  179  treatment, or emergency services.
  180         (9)(7) “Court,” unless otherwise specified, means the
  181  circuit court.
  182         (10)(8) “Department” means the Department of Children and
  183  Family Services.
  184         (11) “Electronic means” means a form of telecommunication
  185  that requires all parties to maintain visual as well as audio
  186  communication.
  187         (12)(9) “Express and informed consent” means consent
  188  voluntarily given in writing, by a competent individual person,
  189  after sufficient explanation and disclosure of the subject
  190  matter involved to enable the individual person to make a
  191  knowing and willful decision without any element of force,
  192  fraud, deceit, duress, or other form of constraint or coercion.
  193         (13)(10) “Facility” means a any hospital, community
  194  facility, public or private facility, or receiving or treatment
  195  facility providing for the evaluation, diagnosis, care,
  196  treatment, training, or hospitalization of individuals persons
  197  who appear to have a mental illness or who have been diagnosed
  198  as having a mental illness. The term “Facility” does not include
  199  a any program or entity licensed under pursuant to chapter 400
  200  or chapter 429.
  201         (14)”Government facility” means a facility owned,
  202  operated, or administered by the Department of Corrections or
  203  the United States Department of Veterans Affairs.
  204         (15)(11) “Guardian” means the natural guardian of a minor,
  205  or a person appointed by a court to act on behalf of a ward’s
  206  person if the ward is a minor or has been adjudicated
  207  incapacitated.
  208         (16)(12) “Guardian advocate” means a person appointed by a
  209  court to make decisions regarding mental health treatment on
  210  behalf of an individual a patient who has been found incompetent
  211  to consent to treatment pursuant to this part. The guardian
  212  advocate may be granted specific additional powers by written
  213  order of the court, as provided in this part.
  214         (17)(13) “Hospital” means a hospital facility as defined in
  215  s. 395.002 and licensed under chapter 395 and part II of chapter
  216  408.
  217         (18)(14) “Incapacitated” means that an individual a person
  218  has been adjudicated incapacitated pursuant to part V of chapter
  219  744 and a guardian of the person has been appointed.
  220         (19)(15) “Incompetent to consent to treatment” means that
  221  an individual’s a person’s judgment is so affected by his or her
  222  mental illness that he or she the person lacks the capacity to
  223  make a well-reasoned, willful, and knowing decision concerning
  224  his or her medical or mental health treatment.
  225         (20)“Involuntary examination” means an examination
  226  performed under s. 394.463 to determine if an individual
  227  qualifies for involuntary inpatient treatment under s. 394.467
  228  or involuntary outpatient treatment under s. 394.4655.
  229         (21)“Involuntary placement” means involuntary outpatient
  230  treatment pursuant to s. 394.4655 or involuntary inpatient
  231  treatment pursuant to s. 394.467.
  232         (22)(16) “Law enforcement officer” has the same meaning as
  233  means a law enforcement officer as defined in s. 943.10.
  234         (23)“Marriage and family therapist” has the same meaning
  235  as in s. 491.003.
  236         (24)“Mental health counselor” has the same meaning as in
  237  s. 491.003.
  238         (25)(17) “Mental health overlay program” means a mobile
  239  service that which provides an independent examination for
  240  voluntary admission admissions and a range of supplemental
  241  onsite services to an individual who has persons with a mental
  242  illness in a residential setting such as a nursing home,
  243  assisted living facility, adult family-care home, or a
  244  nonresidential setting such as an adult day care center.
  245  Independent examinations provided pursuant to this part through
  246  a mental health overlay program must only be provided only under
  247  contract with the department for this service or be attached to
  248  a public receiving facility that is also a community mental
  249  health center.
  250         (26)(18) “Mental illness” means an impairment of the mental
  251  or emotional processes that exercise conscious control of one’s
  252  actions or of the ability to perceive or understand reality,
  253  which impairment substantially interferes with the a person’s
  254  ability to meet the ordinary demands of living, regardless of
  255  etiology. For the purposes of this part, the term does not
  256  include a retardation or developmental disability as defined in
  257  chapter 393, intoxication, brain injury, dementia, or conditions
  258  manifested only by antisocial behavior or substance abuse
  259  impairment.
  260         (27) “Minor” means an individual who is 17 years of age or
  261  younger and who has not had the disabilities of nonage removed
  262  pursuant to s. 743.01 or s. 743.015.
  263         (28)(19) “Mobile crisis response service” means a
  264  nonresidential crisis service attached to a public receiving
  265  facility and available 24 hours a day, 7 days a week, through
  266  which provides immediate intensive assessments and
  267  interventions, including screening for admission into a
  268  receiving facility, take place for the purpose of identifying
  269  appropriate treatment services.
  270         (20)“Patient” means any person who is held or accepted for
  271  mental health treatment.
  272         (29)(21) “Physician” means a medical practitioner licensed
  273  under chapter 458 or chapter 459 who has experience in the
  274  diagnosis and treatment of mental and nervous disorders or a
  275  physician employed by a facility operated by the United States
  276  Department of Veterans Affairs or the United States Department
  277  of Defense which qualifies as a receiving or treatment facility
  278  under this part.
  279         (30)Physician assistant” means a person licensed as a
  280  physician assistant under chapter 458 or chapter 459.
  281         (31)(22) “Private facility” means any hospital or facility
  282  operated by a for-profit or not-for-profit corporation or
  283  association that provides mental health services and is not a
  284  public facility.
  285         (32)(23) “Psychiatric nurse” means an advanced a registered
  286  nurse practitioner licensed under part I of chapter 464 who has
  287  a national advanced practice certification from an approved
  288  nursing specialty board and a collaborative practice agreement
  289  with a psychiatrist on file with the Board of Nursing master’s
  290  degree or a doctorate in psychiatric nursing and 2 years of
  291  post-master’s clinical experience under the supervision of a
  292  physician.
  293         (33)(24) “Psychiatrist” means a medical practitioner
  294  licensed under chapter 458 or chapter 459 who has primarily
  295  diagnosed and treated mental and nervous disorders for at least
  296  a period of not less than 3 years, inclusive of psychiatric
  297  residency.
  298         (34)(25) “Public facility” means any facility that has
  299  contracted with the department to provide mental health services
  300  to all individuals persons, regardless of their ability to pay,
  301  and is receiving state funds for such purpose.
  302         (35)(26) “Receiving facility” means any public or private
  303  facility expressly designated by the department to receive and
  304  hold individuals involuntarily involuntary patients under
  305  emergency conditions or for psychiatric evaluation and to
  306  provide short-term treatment. The term does not include a county
  307  jail.
  308         (36)(27) “Representative” means a person selected pursuant
  309  to s. 394.4597(2) to receive notice of proceedings during the
  310  time a patient is held in or admitted to a receiving or
  311  treatment facility.
  312         (37)(28)(a) “Restraint” means a physical device, method, or
  313  drug used to control behavior.
  314         (a) A physical restraint is any manual method or physical
  315  or mechanical device, material, or equipment attached or
  316  adjacent to an the individual’s body so that he or she cannot
  317  easily remove the restraint and which restricts freedom of
  318  movement or normal access to one’s body.
  319         (b) A drug used as a restraint is a medication used to
  320  control an individual’s the person’s behavior or to restrict his
  321  or her freedom of movement and is not part of the standard
  322  treatment regimen for an individual having of a person with a
  323  diagnosed mental illness who is a client of the department.
  324  Physically holding an individual a person during a procedure to
  325  forcibly administer psychotropic medication is a physical
  326  restraint.
  327         (c) Restraint does not include physical devices, such as
  328  orthopedically prescribed appliances, surgical dressings and
  329  bandages, supportive body bands, or other physical holding when
  330  necessary for routine physical examinations and tests; or for
  331  purposes of orthopedic, surgical, or other similar medical
  332  treatment; when used to provide support for the achievement of
  333  functional body position or proper balance; or when used to
  334  protect an individual a person from falling out of bed.
  335         (38)(29) “Seclusion” means the physical segregation of a
  336  person in any fashion or involuntary isolation of an individual
  337  a person in a room or area from which the individual person is
  338  prevented from leaving. The prevention may be by physical
  339  barrier or by a staff member who is acting in a manner, or who
  340  is physically situated, so as to prevent the individual person
  341  from leaving the room or area. For purposes of this chapter, the
  342  term does not mean isolation due to an individual’s a person’s
  343  medical condition or symptoms.
  344         (39)(30) “Secretary” means the Secretary of Children and
  345  Family Services.
  346         (40)“Service provider” means a public or private receiving
  347  facility, an entity under contract with the department to
  348  provide mental health services, a community mental health center
  349  or clinic, a clinical psychologist, a clinical social worker, a
  350  marriage and family therapist, a mental health counselor, a
  351  physician, or a psychiatric nurse.
  352         (41)(31) “Transfer evaluation” means the process, as
  353  approved by the appropriate district office of the department,
  354  during which an individual whereby a person who is being
  355  considered for placement in a state treatment facility is first
  356  evaluated for appropriateness of admission to a state treatment
  357  the facility by a community-based public receiving facility or
  358  by a community mental health center or clinic if the public
  359  receiving facility is not a community mental health center or
  360  clinic.
  361         (42)(32) “Treatment facility” means a any state-owned,
  362  state-operated, or state-supported hospital, or a community
  363  mental health center, or clinic, designated by the department
  364  for extended treatment and hospitalization of individuals who
  365  have a mental illness, beyond that provided for by a receiving
  366  facility or a, of persons who have a mental illness, including
  367  facilities of the United States Government, and any private
  368  facility designated by the department when rendering such
  369  services to a person pursuant to the provisions of this part.
  370  Patients treated in facilities of the United States Government
  371  shall be solely those whose care is the responsibility of the
  372  United States Department of Veterans Affairs.
  373         (33)“Service provider” means any public or private
  374  receiving facility, an entity under contract with the department
  375  of Children and Family Services to provide mental health
  376  services, a clinical psychologist, a clinical social worker, a
  377  marriage and family therapist, a mental health counselor, a
  378  physician, a psychiatric nurse as defined in subsection (23), or
  379  a community mental health center or clinic as defined in this
  380  part.
  381         (34)“Involuntary examination” means an examination
  382  performed under s. 394.463 to determine if an individual
  383  qualifies for involuntary inpatient treatment under s.
  384  394.467(1) or involuntary outpatient treatment under s.
  385  394.4655(1).
  386         (35)“Involuntary placement” means either involuntary
  387  outpatient treatment pursuant to s. 394.4655 or involuntary
  388  inpatient treatment pursuant to s. 394.467.
  389         (36)“Marriage and family therapist” means a person
  390  licensed as a marriage and family therapist under chapter 491.
  391         (37)“Mental health counselor” means a person licensed as a
  392  mental health counselor under chapter 491.
  393         (38) “Electronic means” means a form of telecommunication
  394  that requires all parties to maintain visual as well as audio
  395  communication.
  396         Section 3. Section 394.457, Florida Statutes, is amended to
  397  read:
  398         394.457 Operation and administration.—
  399         (1) ADMINISTRATION.—The Department of Children and Family
  400  Services is designated the “Mental Health Authority” of Florida.
  401  The department and the Agency for Health Care Administration
  402  shall exercise executive and administrative supervision over all
  403  mental health facilities, programs, and services.
  404         (2) RESPONSIBILITIES OF THE DEPARTMENT.—The department is
  405  responsible for:
  406         (a) The planning, evaluation, and implementation of a
  407  complete and comprehensive statewide program of mental health,
  408  including community services, receiving and treatment
  409  facilities, child services, research, and training as authorized
  410  and approved by the Legislature, based on the annual program
  411  budget of the department. The department is also responsible for
  412  the coordination of efforts with other departments and divisions
  413  of the state government, county and municipal governments, and
  414  private agencies concerned with and providing mental health
  415  services. It is responsible for establishing standards,
  416  providing technical assistance, and supervising exercising
  417  supervision of mental health programs of, and the treatment of
  418  individuals patients at, community facilities, other facilities
  419  serving individuals for persons who have a mental illness, and
  420  any agency or facility providing services under to patients
  421  pursuant to this part.
  422         (b) The publication and distribution of an information
  423  handbook to facilitate the understanding of this part, the
  424  policies and procedures involved in the implementation of this
  425  part, and the responsibilities of the various service providers
  426  of services under this part. The department It shall stimulate
  427  research by public and private agencies, institutions of higher
  428  learning, and hospitals in the interest of the elimination and
  429  amelioration of mental illness.
  430         (3) POWER TO CONTRACT.—The department may contract to
  431  provide, and be provided with, services and facilities in order
  432  to carry out its responsibilities under this part with respect
  433  to the following agencies: public and private hospitals;
  434  receiving and treatment facilities; clinics; laboratories;
  435  departments, divisions, and other units of state government; the
  436  state colleges and universities; the community colleges; private
  437  colleges and universities; counties, municipalities, and any
  438  other political subdivisions governmental unit, including
  439  facilities of the United States Government; and any other public
  440  or private entity that which provides or needs facilities or
  441  services. Baker Act funds for community inpatient, crisis
  442  stabilization, short-term residential treatment, and screening
  443  services under this part must be allocated to each county
  444  pursuant to the department’s funding allocation methodology.
  445  Notwithstanding the provisions of s. 287.057(5)(f), contracts
  446  for community-based Baker Act services for inpatient, crisis
  447  stabilization, short-term residential treatment, and screening
  448  provided under this part, other than those with other units of
  449  government, to be provided for the department must be awarded
  450  using competitive solicitation if sealed bids when the county
  451  commission of the county receiving the services makes a request
  452  to the department’s circuit district office by January 15 of the
  453  contracting year. The office may district shall not enter into a
  454  competitively bid contract under this provision if such action
  455  will result in increases of state or local expenditures for
  456  Baker Act services within the circuit district. Contracts for
  457  these Baker Act services using competitive sealed bids are will
  458  be effective for 3 years. The department shall adopt rules
  459  establishing minimum standards for such contracted services and
  460  facilities and shall make periodic audits and inspections to
  461  assure that the contracted services are provided and meet the
  462  standards of the department.
  463         (4) APPLICATION FOR AND ACCEPTANCE OF GIFTS AND GRANTS.—The
  464  department may apply for and accept any funds, grants, gifts, or
  465  services made available to it by any agency or department of the
  466  Federal Government or any other public or private agency or
  467  person individual in aid of mental health programs. All such
  468  moneys must shall be deposited in the State Treasury and shall
  469  be disbursed as provided by law.
  470         (5) RULES.—The department shall adopt rules:
  471         (a) The department shall adopt rules Establishing forms and
  472  procedures relating to the rights and privileges of individuals
  473  receiving patients seeking mental health examination or
  474  treatment from facilities under this part.
  475         (b) The department shall adopt rules Necessary for the
  476  implementation and administration of the provisions of this
  477  part., and A program subject to the provisions of this part may
  478  shall not be permitted to operate unless rules designed to
  479  ensure the protection of the health, safety, and welfare of the
  480  individuals examined and patients treated under through such
  481  program have been adopted. Such rules adopted under this
  482  subsection must include provisions governing the use of
  483  restraint and seclusion which are consistent with recognized
  484  best practices and professional judgment; prohibit inherently
  485  dangerous restraint or seclusion procedures; establish
  486  limitations on the use and duration of restraint and seclusion;
  487  establish measures to ensure the safety of program participants
  488  and staff during an incident of restraint or seclusion;
  489  establish procedures for staff to follow before, during, and
  490  after incidents of restraint or seclusion; establish
  491  professional qualifications of and training for staff who may
  492  order or be engaged in the use of restraint or seclusion; and
  493  establish mandatory reporting, data collection, and data
  494  dissemination procedures and requirements. Such rules adopted
  495  under this subsection must require that each instance of the use
  496  of restraint or seclusion be documented in the clinical record
  497  of the individual who has been restrained or secluded patient.
  498         (c) The department shall adopt rules Establishing minimum
  499  standards for services provided by a mental health overlay
  500  program or a mobile crisis response service.
  501         (6) PERSONNEL.—
  502         (a) The department shall, by rule, establish minimum
  503  standards of education and experience for professional and
  504  technical personnel employed in mental health programs,
  505  including members of a mobile crisis response service.
  506         (b) The department shall design and distribute appropriate
  507  materials for the orientation and training of persons actively
  508  engaged in implementing the provisions of this part relating to
  509  the involuntary examination and placement of individuals persons
  510  who are believed to have a mental illness.
  511         (7) PAYMENT FOR CARE OF PATIENTS.—Fees and fee collections
  512  for individuals receiving treatment or services patients in
  513  state-owned, state-operated, or state-supported treatment
  514  facilities must shall be in accordance with according to s.
  515  402.33.
  516         Section 4. Section 394.4572, Florida Statutes, is amended
  517  to read:
  518         394.4572 Screening of mental health personnel.—
  519         (1)(a) The department and the Agency for Health Care
  520  Administration shall require employment screening for mental
  521  health personnel using the standards for level 2 screening
  522  standards provided in s. 435.04 set forth in chapter 435.
  523  “Mental health personnel” includes all program directors,
  524  professional clinicians, staff members, and volunteers working
  525  in public or private mental health programs and facilities who
  526  have direct contact with individuals held for examination or
  527  admitted for mental health treatment unmarried patients under
  528  the age of 18 years. For purposes of this chapter, employment
  529  screening of mental health personnel shall also include, but is
  530  not limited to, employment screening as provided under chapter
  531  435.
  532         (a)(b) Students in the health care professions who are
  533  interning in a mental health facility licensed under chapter
  534  395, where the primary purpose of the facility is not the
  535  treatment of minors, are exempt from the fingerprinting and
  536  screening requirements if, provided they are under direct
  537  supervision in the actual physical presence of a licensed health
  538  care professional.
  539         (c) Mental health personnel working in a facility licensed
  540  under chapter 395 who have less than 15 hours per week of direct
  541  contact with patients or who are health care professionals
  542  licensed by the Agency for Health Care Administration or a board
  543  thereunder are exempt from the fingerprinting and screening
  544  requirements, except for persons working in mental health
  545  facilities where the primary purpose of the facility is the
  546  treatment of minors.
  547         (b)(d) A volunteer who assists on an intermittent basis for
  548  less than 40 hours per month is exempt from the fingerprinting
  549  and screening requirements if, provided the volunteer is under
  550  direct and constant supervision by persons who meet the
  551  screening requirements of this section paragraph (a).
  552         (2) The department or the Agency for Health Care
  553  Administration may grant exemptions from disqualification as
  554  provided in s. 435.07 435.06.
  555         (3) Prospective mental health personnel who have previously
  556  been fingerprinted or screened pursuant to this chapter, chapter
  557  393, chapter 397, chapter 402, or chapter 409, or teachers who
  558  have been fingerprinted pursuant to chapter 1012, who have not
  559  been unemployed for more than 90 days thereafter, and who under
  560  the penalty of perjury attest to the completion of such
  561  fingerprinting or screening and to compliance with the
  562  provisions of this section and the standards for level 1
  563  screening under contained in chapter 435, are shall not be
  564  required to be refingerprinted or rescreened in order to comply
  565  with the any screening requirements of this part.
  566         Section 5. Section 394.4573, Florida Statutes, is amended
  567  to read:
  568         394.4573 Continuity of care management system; measures of
  569  performance; reports.—
  570         (1) For the purposes of this section:
  571         (a) “Case management” means those activities aimed at
  572  assessing the client needs, planning services, linking the
  573  service system to a client, coordinating the various system
  574  components, monitoring service delivery, and evaluating the
  575  effect of service delivery for individuals eligible for publicly
  576  funded mental health services.
  577         (b) “Case manager” means a person an individual who works
  578  with individuals who are eligible for publicly funded mental
  579  health services clients, and their families and significant
  580  others, to provide case management.
  581         (c) “Client manager” means an employee of the department
  582  who is assigned to specific provider agencies and geographic
  583  areas to ensure that the full range of needed services is
  584  available to individuals who are eligible for publicly funded
  585  mental health services clients.
  586         (d) “Continuity of care management system” means a system
  587  that assures, within available resources, that individuals who
  588  are eligible for publicly funded mental health services clients
  589  have access to the full array of services within the mental
  590  health services delivery system.
  591         (2) The department shall is directed to implement a
  592  continuity of care management system for the provision of mental
  593  health care, through the provision of client and case
  594  management, including individuals clients referred from state
  595  treatment facilities to community mental health facilities. Such
  596  system must shall include a statewide network of client managers
  597  and case managers throughout the state designed to:
  598         (a) Reduce the possibility of an individual’s a client’s
  599  admission or readmission to a state treatment facility.
  600         (b) Provide for the creation or designation of an agency in
  601  each county to provide single intake services for each
  602  individual person seeking mental health services. Such agency
  603  shall provide information and referral services necessary to
  604  ensure that such individuals clients receive the most
  605  appropriate and least restrictive form of care, based on the
  606  individual’s individual needs of the person seeking treatment.
  607  Such agency shall have a single telephone number, operating 24
  608  hours per day, 7 days per week, if where practicable, at a
  609  central location, where each individual receiving mental health
  610  services has client will have a client central record.
  611         (c) Advocate on behalf of the individual receiving mental
  612  health services client to ensure that all appropriate services
  613  are provided afforded to the client in a timely and dignified
  614  manner.
  615         (d) Require a that any public receiving facility initiating
  616  an individual’s a patient transfer to a licensed hospital for
  617  acute care mental health services not accessible through the
  618  public receiving facility to shall notify the hospital of the
  619  such transfer and send all records relating to the emergency
  620  psychiatric or medical condition.
  621         (3) The department shall is directed to develop and include
  622  performance measures in contracts with service providers
  623  relating to measures of performance with regard to goals and
  624  objectives as specified in the state plan. Such measures shall
  625  use, To the extent practical, such measures must use existing
  626  data collection methods and reports and may shall not require,
  627  as a result of this subsection, additional reports on the part
  628  of service providers. The department shall plan monitoring
  629  visits of community mental health facilities with other state,
  630  federal, and local governmental and private agencies charged
  631  with monitoring such facilities.
  632         (4) The department is directed to submit a report to the
  633  Legislature, prior to April 1 of each year, outlining
  634  departmental progress towards the implementation of the minimum
  635  staffing patterns’ standards in state mental health treatment
  636  facilities. The report shall contain, by treatment facility,
  637  information regarding goals and objectives and departmental
  638  performance toward meeting each such goal and objective.
  639         Section 6. Paragraph (a) of subsection (2) and subsection
  640  (3) of section 394.4574, Florida Statutes, are amended to read:
  641         394.4574 Department responsibilities for a mental health
  642  resident who resides in an assisted living facility that holds a
  643  limited mental health license.—
  644         (2) The department must ensure that:
  645         (a) A mental health resident has been assessed by a
  646  psychiatrist, clinical psychologist, clinical social worker, or
  647  psychiatric nurse, or an individual who is supervised by one of
  648  these professionals, and determined to be appropriate to reside
  649  in an assisted living facility. The documentation must be
  650  provided to the administrator of the facility within 30 days
  651  after the mental health resident has been admitted to the
  652  facility. An evaluation completed upon discharge from a state
  653  mental health treatment facility hospital meets the requirements
  654  of this subsection related to appropriateness for placement as a
  655  mental health resident if it was completed within 90 days before
  656  prior to admission to the facility.
  657         (3) The secretary of Children and Family Services, in
  658  consultation with the Agency for Health Care Administration,
  659  shall annually require each circuit district administrator to
  660  develop, with community input, detailed plans that demonstrate
  661  how the circuit district will ensure the provision of state
  662  funded mental health and substance abuse treatment services to
  663  residents of assisted living facilities that hold a limited
  664  mental health license. These plans must be consistent with the
  665  substance abuse and mental health circuit district plan
  666  developed pursuant to s. 394.75 and must address case management
  667  services; access to consumer-operated drop-in centers; access to
  668  services during evenings, weekends, and holidays; supervision of
  669  the clinical needs of the residents; and access to emergency
  670  psychiatric care.
  671         Section 7. Subsection (1) of section 394.458, Florida
  672  Statutes, is amended to read:
  673         394.458 Introduction or removal of certain articles
  674  unlawful; penalty.—
  675         (1)(a) Except as authorized by law or as specifically
  676  authorized by the person in charge of a receiving or treatment
  677  facility each hospital providing mental health services under
  678  this part, it is unlawful to:
  679         (a) Introduce into or upon the grounds of such facility
  680  hospital, or to take or attempt to take or send from the
  681  facility therefrom, any of the following articles, which are
  682  hereby declared to be contraband for the purposes of this
  683  section:
  684         1. An Any intoxicating beverage or beverage that which
  685  causes or may cause an intoxicating effect;
  686         2. A Any controlled substance as defined in chapter 893; or
  687         3. A firearm Any firearms or deadly weapon.
  688         (b) It is unlawful to Transmit to, or attempt to transmit
  689  to, or cause or attempt to cause to be transmitted to, or
  690  received by, any individual receiving mental health services
  691  from a receiving or treatment facility patient of any hospital
  692  providing mental health services under this part any article or
  693  thing declared by this section to be contraband, at any place
  694  which is outside of the grounds of such facility hospital,
  695  except as authorized by law or as specifically authorized by the
  696  person in charge of such hospital.
  697         Section 8. Section 394.459, Florida Statutes, is amended to
  698  read:
  699         394.459 Rights of individuals receiving treatment and
  700  services patients.—
  701         (1) RIGHT TO INDIVIDUAL DIGNITY.—It is the policy of this
  702  state that the individual dignity of all individuals held for
  703  examination or admitted for mental health treatment the patient
  704  shall be respected at all times and upon all occasions,
  705  including any occasion when the individual patient is taken into
  706  custody, held, or transported. Procedures, facilities, vehicles,
  707  and restraining devices used utilized for criminals or those
  708  accused of a crime may shall not be used in connection with
  709  individuals persons who have a mental illness, except for the
  710  protection of that individual the patient or others. Individuals
  711  Persons who have a mental illness but who are not charged with a
  712  criminal offense may shall not be detained or incarcerated in
  713  the jails of this state. An individual A person who is receiving
  714  treatment for mental illness may shall not be deprived of any
  715  constitutional rights. However, if such individual a person is
  716  adjudicated incapacitated, his or her rights may be limited to
  717  the same extent that the rights of any incapacitated person are
  718  limited by law.
  719         (2) RIGHT TO TREATMENT.—Each individual held for
  720  examination or admitted for mental health treatment:
  721         (a) May A person shall not be denied treatment for mental
  722  illness, and services may shall not be delayed at a receiving or
  723  treatment facility because of inability to pay. However, every
  724  reasonable effort to collect appropriate reimbursement for the
  725  cost of providing mental health services from individuals to
  726  persons able to pay for services, including insurance or third
  727  party payers payments, shall be made by facilities providing
  728  services under pursuant to this part.
  729         (b) Shall be provided It is further the policy of the state
  730  that the least restrictive appropriate available treatment, be
  731  utilized based on the individual’s individual needs and best
  732  interests, of the patient and consistent with the optimum
  733  improvement of the individual’s patient’s condition.
  734         (c) Each person who remains at a receiving or treatment
  735  facility for more than 12 hours Shall be given a physical
  736  examination and psychiatric evaluation by a health practitioners
  737  practitioner authorized by law to give such examinations, within
  738  24 hours after arrival at such facility if they have not been or
  739  released or discharged pursuant to s. 394.463(2)(h) or s.
  740  394.469. The physical examination and psychiatric evaluation
  741  must be documented in the clinical record.
  742         (d) Every patient in a facility Shall be afforded the
  743  opportunity to participate in activities designed to enhance
  744  self-image and the beneficial effects of other treatments, as
  745  determined by the facility.
  746         (e) Not more than 5 days after admission to a facility,
  747  each patient Shall have and receive an individualized treatment
  748  plan in writing, which the individual patient has had an
  749  opportunity to assist in preparing and to review prior to its
  750  implementation, within 5 days after admission to a facility. The
  751  plan must shall include a space for the individual’s patient’s
  752  comments and signature.
  753         (3) RIGHT TO EXPRESS AND INFORMED PATIENT CONSENT.—
  754         (a)1. Each individual patient entering treatment shall be
  755  asked to give express and informed consent for admission or
  756  treatment.
  757         1. If the individual patient has been adjudicated
  758  incapacitated or found to be incompetent to consent to
  759  treatment, express and informed consent must to treatment shall
  760  be sought instead from his or her the patient’s guardian or
  761  guardian advocate. If the individual patient is a minor, express
  762  and informed consent for admission or treatment must be obtained
  763  shall also be requested from the patient’s guardian. Express and
  764  informed consent for admission or treatment of a patient under
  765  18 years of age shall be required from the minor’s patient’s
  766  guardian, unless the minor is seeking outpatient crisis
  767  intervention services under s. 394.4784. Express and informed
  768  consent for admission or treatment given by a patient who is
  769  under 18 years of age shall not be a condition of admission when
  770  the patient’s guardian gives express and informed consent for
  771  the patient’s admission pursuant to s. 394.463 or s. 394.467.
  772         2. Before giving express and informed consent, the
  773  following information shall be provided and explained in plain
  774  language to the individual patient, or to his or her the
  775  patient’s guardian if the individual patient is an adult 18
  776  years of age or older and has been adjudicated incapacitated, or
  777  to his or her the patient’s guardian advocate if the individual
  778  patient has been found to be incompetent to consent to
  779  treatment, or to both the individual patient and the guardian if
  780  the individual patient is a minor: the reason for admission or
  781  treatment; the proposed treatment; the purpose of the treatment
  782  to be provided; the common risks, benefits, and side effects
  783  thereof; the specific dosage range for the medication, when
  784  applicable; alternative treatment modalities; the approximate
  785  length of care; the potential effects of stopping treatment; how
  786  treatment will be monitored; and that any consent given for
  787  treatment may be revoked orally or in writing before or during
  788  the treatment period by the individual receiving the treatment
  789  patient or by a person who is legally authorized to make health
  790  care decisions on the individual’s behalf of the patient.
  791         (b) Before performing a medical procedure In the case of
  792  medical procedures requiring the use of a general anesthetic or
  793  electroconvulsive treatment, and prior to performing the
  794  procedure, express and informed consent must shall be obtained
  795  from the individual subject to the procedure patient if the
  796  individual patient is legally competent, from the guardian of a
  797  minor patient, from the guardian of an individual a patient who
  798  has been adjudicated incapacitated, or from the individual’s
  799  guardian advocate of the patient if the guardian advocate has
  800  been given express court authority to consent to medical
  801  procedures or electroconvulsive treatment as provided under s.
  802  394.4598.
  803         (c) If When the department is the legal guardian of a
  804  patient, or is the custodian of an individual a patient whose
  805  physician is unwilling to perform a medical procedure, including
  806  an electroconvulsive treatment, based solely on the individual’s
  807  patient’s consent and whose guardian or guardian advocate is
  808  unknown or unlocatable, the court shall hold a hearing to
  809  determine the medical necessity of the medical procedure. The
  810  individual subject to the procedure must patient shall be
  811  physically present, unless his or her the patient’s medical
  812  condition precludes such presence, represented by counsel, and
  813  provided the right and opportunity to be confronted with, and to
  814  cross-examine, all witnesses alleging the medical necessity of
  815  such procedure. In such proceedings, the burden of proof by
  816  clear and convincing evidence is shall be on the party alleging
  817  the medical necessity of the procedure.
  818         (d) The administrator of a receiving or treatment facility
  819  may, upon the recommendation of an individual’s the patient’s
  820  attending physician, authorize emergency medical treatment,
  821  including a surgical procedure, if such treatment is deemed
  822  lifesaving, or if the situation threatens serious bodily harm to
  823  the individual patient, and the permission of the individual
  824  patient or his or her the patient’s guardian or guardian
  825  advocate cannot be obtained.
  826         (4) QUALITY OF TREATMENT.—
  827         (a) Each individual held for examination or admitted for
  828  mental health treatment, or receiving involuntary outpatient
  829  treatment patient shall receive services, including, for a
  830  patient placed under s. 394.4655, shall receive those services
  831  that are included in the court order which are suited to his or
  832  her needs, and which shall be administered skillfully, safely,
  833  and humanely with full respect for the individual’s patient’s
  834  dignity and personal integrity. Each individual must patient
  835  shall receive such medical, vocational, social, educational, and
  836  rehabilitative services as his or her condition requires in
  837  order to live successfully in the community. In order to achieve
  838  this goal, the department shall is directed to coordinate its
  839  mental health programs with all other programs of the department
  840  and other state agencies.
  841         (b) Facilities shall develop and maintain, in a form
  842  accessible to and readily understandable by individuals held for
  843  examination or admitted for mental health treatment, patients
  844  and consistent with rules adopted by the department, the
  845  following:
  846         1. Criteria, procedures, and required staff training for
  847  the any use of close or elevated levels of supervision;, of
  848  restraint, seclusion, or isolation;, or of emergency treatment
  849  orders;, and for the use of bodily control and physical
  850  management techniques.
  851         2. Procedures for documenting, monitoring, and requiring
  852  clinical review of all uses of the procedures described in
  853  subparagraph 1. and for documenting and requiring review of any
  854  incidents resulting in injury to individuals receiving services
  855  patients.
  856         3. A system for investigating, tracking, managing, and
  857  responding to complaints by individuals persons receiving
  858  services or persons individuals acting on their behalf.
  859         4.Procedures for reporting events that place individuals
  860  receiving services at risk of harm. Such events must be reported
  861  to the department in accordance with department operating
  862  procedures after discovery and include, but are not limited to:
  863         a.An individual whose life terminates due to a natural,
  864  unnatural, expected, or unexpected cause while in the facility
  865  or within 72 hours after release.
  866         b.An injury sustained, or allegedly sustained, due to an
  867  accident, act of abuse, neglect, or suicide attempt requiring
  868  medical treatment by a licensed health care practitioner in an
  869  acute care medical facility.
  870         c.The unauthorized departure or absence of an individual
  871  from a facility in which he or she has been held for involuntary
  872  examination or involuntary placement.
  873         d.An unusual occurrence or circumstance precipitated by
  874  something uncommon, abnormal, or out of the ordinary, such as a
  875  tornado, kidnapping, riot, or hostage situation that jeopardizes
  876  the health, safety, or welfare of the individual.
  877         e.An allegation of sexual battery upon the individual.
  878         (c) A facility may not use seclusion or restraint for
  879  punishment, to compensate for inadequate staffing, or for the
  880  convenience of staff. Facilities shall ensure that all staff are
  881  made aware of these restrictions on the use of seclusion and
  882  restraint and shall make and maintain records that which
  883  demonstrate that this information has been conveyed to each
  884  individual staff member members.
  885         (5) COMMUNICATION, ABUSE REPORTING, AND VISITS.—
  886         (a) Each individual held for examination or admitted for
  887  mental health treatment person receiving services in a facility
  888  providing mental health services under this part has the right
  889  to communicate freely and privately with persons outside the
  890  facility unless it is determined that such communication is
  891  likely to be harmful to the individual person or others. Each
  892  facility shall make available as soon as reasonably possible to
  893  persons receiving services a telephone that allows for free
  894  local calls and access to a long-distance service available to
  895  the individual as soon as reasonably possible. A facility is not
  896  required to pay the costs of the individual’s a patient’s long
  897  distance calls. The telephone must shall be readily accessible
  898  to the patient and shall be placed so that the individual
  899  patient may use it to communicate privately and confidentially.
  900  The facility may establish reasonable rules for the use of this
  901  telephone which, provided that the rules do not interfere with
  902  an individual’s a patient’s access to a telephone to report
  903  abuse pursuant to paragraph (e).
  904         (b) Each individual patient admitted to a facility under
  905  the provisions of this part shall be allowed to receive, send,
  906  and mail sealed, unopened correspondence; and the individual’s
  907  no patient’s incoming or outgoing correspondence may not shall
  908  be opened, delayed, held, or censored by the facility unless
  909  there is reason to believe that it contains items or substances
  910  that which may be harmful to the individual patient or others,
  911  in which case the administrator may direct reasonable
  912  examination of such mail and may regulate the disposition of
  913  such items or substances.
  914         (c) Each facility shall allow must permit immediate access
  915  to an individual held for examination or admitted for mental
  916  health treatment any patient, subject to the patient’s right to
  917  deny or withdraw consent at any time, by the individual, or by
  918  the individual’s patient’s family members, guardian, guardian
  919  advocate, representative, Florida statewide or local advocacy
  920  council, or attorney, unless such access would be detrimental to
  921  the individual patient. If the a patient’s right to communicate
  922  or to receive visitors is restricted by the facility, written
  923  notice of such restriction and the reasons for the restriction
  924  shall be served on the individual and patient, the individual’s
  925  patient’s attorney, and the patient’s guardian, guardian
  926  advocate, or representative,; and such restriction, and the
  927  reasons for the restriction, must shall be recorded in on the
  928  patient’s clinical record with the reasons therefor. The
  929  restriction must of a patient’s right to communicate or to
  930  receive visitors shall be reviewed at least every 7 days. The
  931  right to communicate or receive visitors may shall not be
  932  restricted as a means of punishment. Nothing in This paragraph
  933  does not shall be construed to limit the provisions of paragraph
  934  (d).
  935         (d) Each facility shall establish reasonable rules
  936  governing visitors, visiting hours, and the use of telephones by
  937  individuals held for examination or admitted for mental health
  938  treatment patients in the least restrictive possible manner. An
  939  individual has Patients shall have the right to contact and to
  940  receive communication from their attorneys at any reasonable
  941  time.
  942         (e) Each individual held for examination or admitted for
  943  patient receiving mental health treatment in any facility shall
  944  have ready access to a telephone in order to report an alleged
  945  abuse. The facility staff shall orally and in writing inform
  946  each individual patient of the procedure for reporting abuse and
  947  shall make every reasonable effort to present the information in
  948  a language the individual patient understands. A written copy of
  949  that procedure, including the telephone number of the central
  950  abuse hotline and reporting forms, must shall be posted in plain
  951  view.
  952         (f) The department shall adopt rules providing a procedure
  953  for reporting abuse. Facility staff shall be required, as a
  954  condition of employment, must to become familiar with the
  955  requirements and procedures for the reporting of abuse.
  956         (6) CARE AND CUSTODY OF PERSONAL EFFECTS OF PATIENTS.—The
  957  rights of an individual held for examination or admitted for
  958  mental health treatment A patient’s right to the possession of
  959  his or her clothing and personal effects shall be respected. The
  960  facility may take temporary custody of such effects if when
  961  required for medical and safety reasons. The A patient’s
  962  clothing and personal effects shall be inventoried upon their
  963  removal into temporary custody. Copies of this inventory shall
  964  be given to the individual patient and to his or her the
  965  patient’s guardian, guardian advocate, or representative and
  966  shall be recorded in the patient’s clinical record. This
  967  inventory may be amended upon the request of the individual
  968  patient or his or her the patient’s guardian, guardian advocate,
  969  or representative. The inventory and any amendments to it must
  970  be witnessed by two members of the facility staff and by the
  971  individual patient, if he or she is able. All of the a patient’s
  972  clothing and personal effects held by the facility must shall be
  973  returned to the individual patient immediately upon his or her
  974  the discharge or transfer of the patient from the facility,
  975  unless such return would be detrimental to the individual
  976  patient. If personal effects are not returned to the patient,
  977  the reason must be documented in the clinical record along with
  978  the disposition of the clothing and personal effects, which may
  979  be given instead to the individual’s patient’s guardian,
  980  guardian advocate, or representative. As soon as practicable
  981  after an emergency transfer of a patient, the individual’s
  982  patient’s clothing and personal effects shall be transferred to
  983  the individual’s patient’s new location, together with a copy of
  984  the inventory and any amendments, unless an alternate plan is
  985  approved by the individual patient, if he or she is able, and by
  986  his or her the patient’s guardian, guardian advocate, or
  987  representative.
  988         (7) VOTING IN PUBLIC ELECTIONS.—An individual A patient who
  989  is eligible to vote according to the laws of the state, and who
  990  has not been declared incompetent to proceed under chapter 916,
  991  has the right to vote in the primary and general elections. The
  992  department shall establish rules to enable such individuals
  993  patients to obtain voter registration forms, applications for
  994  absentee ballots, and absentee ballots.
  995         (8) HABEAS CORPUS.—
  996         (a) At any time, and without notice, an individual a person
  997  held for examination in a receiving or treatment facility, or a
  998  relative, friend, guardian, guardian advocate, representative,
  999  or attorney, or the department, on behalf of such individual
 1000  person, may petition for a writ of habeas corpus to question the
 1001  cause and legality of such detention and request that the court
 1002  order a return to the writ in accordance with chapter 79. Each
 1003  individual patient held in a facility shall receive a written
 1004  notice of the right to petition for a writ of habeas corpus.
 1005         (b) At any time, and without notice, an individual admitted
 1006  for mental health treatment a person who is a patient in a
 1007  receiving or treatment facility, or a relative, friend,
 1008  guardian, guardian advocate, representative, or attorney, or the
 1009  department, on behalf of such individual person, may file a
 1010  petition in the circuit court in the county where the individual
 1011  patient is being held alleging that he or she the patient is
 1012  being unjustly denied a right or privilege granted herein or
 1013  that a procedure authorized herein is being abused. Upon the
 1014  filing of such a petition, the court may shall have the
 1015  authority to conduct a judicial inquiry and to issue an any
 1016  order needed to correct an abuse of the provisions of this part.
 1017         (c) The administrator of any receiving or treatment
 1018  facility receiving a petition under this subsection shall file
 1019  the petition with the clerk of the court on the next court
 1020  working day.
 1021         (d) A No fee may not shall be charged for the filing of a
 1022  petition under this subsection.
 1023         (9) VIOLATIONS.—The department shall report to the Agency
 1024  for Health Care Administration any violation of the rights or
 1025  privileges of individuals patients, or of any procedures
 1026  provided under this part, by any facility or professional
 1027  licensed or regulated by the agency. The agency may is
 1028  authorized to impose any sanction authorized for violation of
 1029  this part, based solely on the investigation and findings of the
 1030  department.
 1031         (10) LIABILITY FOR VIOLATIONS.—Any person who violates or
 1032  abuses the any rights or privileges of individuals held for
 1033  examination or admitted for mental health treatment patients
 1034  provided under by this part is liable for damages as determined
 1035  by law. Any person who acts reasonably, in good faith, and
 1036  without negligence in compliance with the provisions of this
 1037  part is immune from civil or criminal liability for his or her
 1038  actions in connection with the preparation or execution of
 1039  petitions, applications, certificates, reports, or other
 1040  documents initiating admission to a facility or the
 1041  apprehension, detention, transportation, examination, admission,
 1042  diagnosis, treatment, or discharge of an individual a patient to
 1043  or from a facility. However, this section does not relieve any
 1044  person from liability if such person commits negligence.
 1045         (11) RIGHT TO PARTICIPATE IN TREATMENT AND DISCHARGE
 1046  PLANNING.—An individual held for examination or admitted for
 1047  mental health treatment The patient shall have the opportunity
 1048  to participate in treatment and discharge planning and shall be
 1049  notified in writing of his or her right, upon discharge from the
 1050  facility, to seek treatment from the professional or agency of
 1051  the individual’s patient’s choice.
 1052         (12)ADVANCE DIRECTIVES.—All receiving and treatment
 1053  facilities and other service providers shall provide information
 1054  concerning advance directives, and assist individuals who are
 1055  competent and willing to complete an advance directive. The
 1056  directive may include instructions regarding mental health care.
 1057  Receiving and treatment facilities and service providers must
 1058  honor the advance directive of an individual admitted to or
 1059  served by the facility or provider.
 1060         (13)(12) POSTING OF NOTICE OF RIGHTS OF PATIENTS.—Each
 1061  facility shall post a notice, which lists and describes in
 1062  listing and describing, in the language and terminology that the
 1063  individual persons to whom the notice is addressed can
 1064  understand, of the rights provided in this section. This notice
 1065  must shall include a statement that provisions of the federal
 1066  Americans with Disabilities Act apply and the name and telephone
 1067  number of a person to contact for further information. The This
 1068  notice must shall be posted in a place readily accessible to
 1069  patients and in a format easily seen by the individuals served
 1070  patients. The This notice must shall include the telephone
 1071  numbers of the Florida local advocacy council and Advocacy
 1072  Center for Persons with Disabilities, Inc.
 1073         Section 9. Subsections (1), (2), (3), and (4) of section
 1074  394.4593, Florida Statutes, are amended to read:
 1075         394.4593 Sexual misconduct prohibited; reporting required;
 1076  penalties.—
 1077         (1) As used in this section, the term:
 1078         (a) “Employee” includes any paid staff member, volunteer,
 1079  or intern of the department; any person under contract with the
 1080  department; and any person providing care or support to an
 1081  individual a client on behalf of the department or its service
 1082  providers.
 1083         (b) “Sexual activity” means:
 1084         1. Fondling the genital area, groin, inner thighs,
 1085  buttocks, or breasts of an individual a person.
 1086         2. The oral, anal, or vaginal penetration by or union with
 1087  the sexual organ of another or the anal or vaginal penetration
 1088  of another by any other object.
 1089         3. Intentionally touching in a lewd or lascivious manner
 1090  the breasts, genitals, the genital area, or buttocks, or the
 1091  clothing covering them, of an individual a person, or forcing or
 1092  enticing an individual a person to touch the perpetrator.
 1093         4. Intentionally masturbating in the presence of another
 1094  person.
 1095         5. Intentionally exposing the genitals in a lewd or
 1096  lascivious manner in the presence of another individual person.
 1097         6. Intentionally committing any other sexual act that does
 1098  not involve actual physical or sexual contact with another
 1099  individual the victim, including, but not limited to,
 1100  sadomasochistic abuse, sexual bestiality, or the simulation of
 1101  any act involving sexual activity in the presence of the
 1102  individual a victim.
 1103         (c) “Sexual misconduct” means any sexual activity between
 1104  an employee and an individual held for examination or admitted
 1105  for mental health treatment a patient, regardless of the consent
 1106  of that individual the patient. The term does not include an act
 1107  done for a bona fide medical purpose or an internal search
 1108  conducted in the lawful performance of duty by an employee.
 1109         (2) An employee who engages in sexual misconduct with an
 1110  individual a patient who:
 1111         (a) Is in the custody of the department; or
 1112         (b) Resides in a receiving facility or a treatment
 1113  facility, as those terms are defined in s. 394.455,
 1114  
 1115  commits a felony of the second degree, punishable as provided in
 1116  s. 775.082, s. 775.083, or s. 775.084. An employee may be found
 1117  guilty of violating this subsection without having committed the
 1118  crime of sexual battery.
 1119         (3) The consent of an individual held for examination or
 1120  admitted for treatment the patient to the sexual activity is not
 1121  a defense to prosecution under this section.
 1122         (4) This section does not apply to an employee who:
 1123         (a) Is legally married to the individual patient; or
 1124         (b) Has no reason to believe that the person with whom the
 1125  employee engaged in sexual misconduct is an individual a patient
 1126  receiving services as described in subsection (2).
 1127         Section 10. Section 394.4595, Florida Statutes, is amended
 1128  to read:
 1129         394.4595 Florida statewide and local advocacy council
 1130  councils; access to patients and records.—Any facility
 1131  designated by the department as a receiving or treatment
 1132  facility must allow access to any individual held for
 1133  examination or admitted for mental health treatment patient and
 1134  his or her the clinical and legal records of any patient
 1135  admitted pursuant to the provisions of this act by members of
 1136  the Florida statewide and local advocacy councils.
 1137         Section 11. Section 394.4597, Florida Statutes, is amended
 1138  to read:
 1139         394.4597 Persons to be notified; appointment of a patient’s
 1140  representative.—
 1141         (1) VOLUNTARY ADMISSION PATIENTS.—At the time an individual
 1142  a patient is voluntarily admitted to a receiving or treatment
 1143  facility, the identity and contact information of the a person
 1144  to be notified in case of an emergency shall be entered in the
 1145  patient’s clinical record.
 1146         (2) INVOLUNTARY ADMISSION PATIENTS.—
 1147         (a) At the time an individual a patient is admitted to a
 1148  facility for involuntary examination or placement, or when a
 1149  petition for involuntary placement is filed, the names,
 1150  addresses, and telephone numbers of the individual’s patient’s
 1151  guardian or guardian advocate, or representative if he or she
 1152  the patient has no guardian or guardian advocate, health care
 1153  surrogate, and the patient’s attorney shall be entered in the
 1154  patient’s clinical record.
 1155         (a)(b) If the individual patient has no guardian or
 1156  guardian advocate, he or she the patient shall be asked to
 1157  designate a representative. If the individual patient is unable
 1158  or unwilling to designate a representative, the facility shall
 1159  select a representative.
 1160         (b)(c) The individual patient shall be consulted with
 1161  regard to the selection of a representative by the receiving or
 1162  treatment facility and may shall have authority to request that
 1163  the any such representative be replaced.
 1164         (c)(d)If When the receiving or treatment facility selects
 1165  a representative, first preference shall be given to a health
 1166  care surrogate, if one has been previously selected by the
 1167  patient. If the individual patient has not previously selected a
 1168  health care surrogate, the selection, except for good cause
 1169  documented in the patient’s clinical record, shall be made from
 1170  the following list in the order of listing:
 1171         1. The individual’s patient’s spouse.
 1172         2. An adult child of the individual patient.
 1173         3. A parent of the individual patient.
 1174         4. The adult next of kin of the individual patient.
 1175         5. An adult friend of the individual patient.
 1176         6. The appropriate Florida local advocacy council as
 1177  provided in s. 402.166.
 1178         (d)(e) A licensed professional providing services to the
 1179  individual patient under this part, an employee of a facility
 1180  providing direct services to the individual patient under this
 1181  part, a department employee, a person providing other
 1182  substantial services to the individual patient in a professional
 1183  or business capacity, or a creditor of the individual may
 1184  patient shall not be appointed as the patient’s representative.
 1185         (e)The representative selected by the individual or
 1186  designated by the facility has the right, authority, and
 1187  responsibility to:
 1188         1.Receive notice of the individual’s admission;
 1189         2.Receive notice of proceedings affecting the individual;
 1190         3.Have immediate access to the individual unless such
 1191  access is documented to be detrimental to the individual;
 1192         4.Receive notice of any restriction of the individual’s
 1193  right to communicate or receive visitors;
 1194         5.Receive a copy of the inventory of personal effects upon
 1195  the individual’s admission and to request an amendment to the
 1196  inventory at any time;
 1197         6.Receive disposition of the individual’s clothing and
 1198  personal effects if not returned to the individual, or to
 1199  approve an alternate plan;
 1200         7.Petition on behalf of the individual for a writ of
 1201  habeas corpus to question the cause and legality of the
 1202  individual’s detention or to allege that the individual is being
 1203  unjustly denied a right or privilege granted herein, or that a
 1204  procedure authorized herein is being abused;
 1205         8.Apply for a change of venue for the individual’s
 1206  involuntary placement hearing for the convenience of the parties
 1207  or witnesses or because of the individual’s condition;
 1208         9.Receive written notice of any restriction of the
 1209  individual’s right to inspect his or her clinical record;
 1210         10.Receive notice of the release of the individual from a
 1211  receiving facility where an involuntary examination was
 1212  performed;
 1213         11.Receive a copy of any petition for the individual’s
 1214  involuntary placement filed with the court; and
 1215         12.Be informed by the court of the individual’s right to
 1216  an independent expert evaluation pursuant to involuntary
 1217  placement procedures.
 1218         Section 12. Section 394.4598, Florida Statutes, is amended
 1219  to read:
 1220         394.4598 Guardian advocate.—
 1221         (1) The administrator may petition the court for the
 1222  appointment of a guardian advocate based upon the opinion of a
 1223  psychiatrist that an individual held for examination or admitted
 1224  for mental health treatment the patient is incompetent to
 1225  consent to treatment. If the court finds that the individual a
 1226  patient is incompetent to consent to treatment and has not been
 1227  adjudicated incapacitated and a guardian having with the
 1228  authority to consent to mental health treatment has not been
 1229  appointed, it shall appoint a guardian advocate. The individual
 1230  patient has the right to have an attorney represent him or her
 1231  at the hearing. If the individual person is indigent, the court
 1232  shall appoint the office of the public defender to represent him
 1233  or her at the hearing. The individual patient has the right to
 1234  testify, cross-examine witnesses, and present witnesses. The
 1235  proceeding must shall be recorded either electronically or
 1236  stenographically, and testimony shall be provided under oath.
 1237  One of the professionals authorized to give an opinion in
 1238  support of a petition for involuntary placement, as described in
 1239  s. 394.4655 or s. 394.467, must testify. The A guardian advocate
 1240  must meet the qualifications of a guardian pursuant to contained
 1241  in part IV of chapter 744., except that A professional providing
 1242  services to the individual under referred to in this part, an
 1243  employee of the facility providing direct services to the
 1244  individual patient under this part, a departmental employee, a
 1245  facility administrator, or a member of the Florida local
 1246  advocacy council may shall not be appointed. A person who is
 1247  appointed as a guardian advocate must agree to the appointment.
 1248         (2) A facility requesting appointment of a guardian
 1249  advocate must, prior to the appointment, provide the prospective
 1250  guardian advocate with information concerning about the duties
 1251  and responsibilities of guardian advocates, including the
 1252  information about the ethics of medical decisionmaking. Before
 1253  asking a guardian advocate to give consent to treatment for an
 1254  individual held for examination or admitted for mental health
 1255  treatment a patient, the facility must shall provide to the
 1256  guardian advocate sufficient information so that the guardian
 1257  advocate can decide whether to give express and informed consent
 1258  to the treatment, including information that the treatment is
 1259  essential to the care of the individual patient, and that the
 1260  treatment does not present an unreasonable risk of serious,
 1261  hazardous, or irreversible side effects. Before giving consent
 1262  to treatment, the guardian advocate must meet and talk with the
 1263  individual patient and the individual’s patient’s physician
 1264  face-to-face in person, if at all possible, and by telephone, if
 1265  not. The guardian advocate shall make every effort to make the
 1266  mental health care decision that he or she believes the
 1267  individual would have made under the circumstances if the
 1268  individual were capable of making such decision. The decision of
 1269  the guardian advocate may be reviewed by the court, upon
 1270  petition of the individual’s patient’s attorney or, the
 1271  patient’s family, or the facility administrator.
 1272         (3) Before Prior to a guardian advocate may exercise
 1273  exercising his or her authority, the guardian advocate must
 1274  complete shall attend a training course approved by the court.
 1275  The This training course, of not less than 4 hours, must
 1276  include, at minimum, information concerning individual about the
 1277  patient rights, psychotropic medications, diagnosis of mental
 1278  illness, the ethics of medical decisionmaking, and duties of
 1279  guardian advocates. This training course shall take the place of
 1280  the training required for guardians appointed under pursuant to
 1281  chapter 744.
 1282         (4) The information provided to be supplied to prospective
 1283  guardian advocates before prior to their appointment and the
 1284  training course for guardian advocates must be developed and
 1285  completed through a course developed by the department and
 1286  approved by the chief judge of the circuit court and taught by a
 1287  court-approved organization. Court-approved organizations may
 1288  include, but are not limited to, community or junior colleges,
 1289  guardianship organizations, and the local bar association or The
 1290  Florida Bar. The court may, in its discretion, waive some or all
 1291  of the training requirements for guardian advocates or impose
 1292  additional requirements. The court shall make its decision on a
 1293  case-by-case basis and, in making its decision, shall consider
 1294  the experience and education of the guardian advocate, the
 1295  duties assigned to the guardian advocate, and the needs of the
 1296  individual whom the guardian advocate represents patient.
 1297         (5) In selecting a guardian advocate, the court shall give
 1298  preference to a health care surrogate, if one has already been
 1299  designated by the individual held for examination or admitted
 1300  for mental health treatment patient. If the individual patient
 1301  has not previously selected a health care surrogate, except for
 1302  good cause documented in the court record, the selection shall
 1303  be made from the following list in the order of listing:
 1304         (a)  The individual’s patient’s spouse.
 1305         (b)  An adult child of the individual patient.
 1306         (c) A parent of the individual patient.
 1307         (d) The adult next of kin of the individual patient.
 1308         (e) An adult friend of the individual patient.
 1309         (f) An adult trained and willing to serve as guardian
 1310  advocate for the individual patient.
 1311         (6) If a guardian having with the authority to consent to
 1312  medical treatment has not already been appointed, or if the
 1313  individual held for examination or admitted for mental health
 1314  treatment patient has not already designated a health care
 1315  surrogate, the court may authorize the guardian advocate to
 1316  consent to medical treatment, as well as mental health
 1317  treatment. Unless otherwise limited by the court, a guardian
 1318  advocate that has with authority to consent to medical treatment
 1319  shall have the same authority to make health care decisions and
 1320  be subject to the same restrictions as a proxy appointed under
 1321  part IV of chapter 765. Unless the guardian advocate has sought
 1322  and received express court approval in proceeding separate from
 1323  the proceeding to determine the competence of the patient to
 1324  consent to medical treatment, the guardian advocate may not
 1325  consent to:
 1326         (a) Abortion.
 1327         (b) Sterilization.
 1328         (c) Electroconvulsive treatment.
 1329         (d) Psychosurgery.
 1330         (e) Experimental treatments that have not been approved by
 1331  a federally approved institutional review board in accordance
 1332  with 45 C.F.R. part 46 or 21 C.F.R. part 56.
 1333  
 1334  The court shall must base its decision on evidence that the
 1335  treatment or procedure is essential to the care of the
 1336  individual patient and that the treatment does not present an
 1337  unreasonable risk of serious, hazardous, or irreversible side
 1338  effects. The court shall follow the procedures set forth in
 1339  subsection (1) of this section.
 1340         (7) The guardian advocate shall be discharged when the
 1341  individual whom he or she represents patient is discharged from
 1342  an order for involuntary outpatient placement or involuntary
 1343  inpatient placement or when the individual patient is
 1344  transferred from involuntary to voluntary status. The court or a
 1345  hearing officer shall consider the competence of the individual
 1346  patient pursuant to subsection (1) and may consider an
 1347  involuntarily placed individual’s patient’s competence to
 1348  consent to treatment at any hearing. Upon sufficient evidence,
 1349  the court may restore, or the magistrate hearing officer may
 1350  recommend that the court restore, the individual’s patient’s
 1351  competence. A copy of the order restoring competence or the
 1352  certificate of discharge containing the restoration of
 1353  competence shall be provided to the individual patient and the
 1354  guardian advocate.
 1355         Section 13. Section 394.4599, Florida Statutes, is amended
 1356  to read:
 1357         394.4599 Notice.—
 1358         (1) VOLUNTARY ADMISSION PATIENTS.—Notice of an individual’s
 1359  a voluntary patient’s admission shall only be given only at the
 1360  individual’s request of the patient, except that in an
 1361  emergency, notice shall be given as determined by the facility.
 1362         (2) INVOLUNTARY ADMISSION PATIENTS.—
 1363         (a) If notice of involuntary admission Whenever notice is
 1364  required to be given under this part, such notice shall be given
 1365  to the individual admitted patient and his or her the patient’s
 1366  guardian, guardian advocate, attorney, and representative.
 1367         1. If When notice is required to be given to an individual
 1368  a patient, it shall be given both orally and in writing, in the
 1369  language and terminology that the individual patient can
 1370  understand, and, if needed, the facility shall provide an
 1371  interpreter for the individual patient.
 1372         2. Notice to an individual’s a patient’s guardian, guardian
 1373  advocate, health care surrogate or proxy, attorney, and
 1374  representative shall be given by United States mail and by
 1375  registered or certified mail with the receipts attached to the
 1376  patient’s clinical record. Hand delivery by a facility employee
 1377  may be used as an alternative, with delivery documented in the
 1378  clinical record. If notice is given by a state attorney or an
 1379  attorney for the department, a certificate of service is shall
 1380  be sufficient to document service.
 1381         (b) A receiving facility shall give prompt notice of the
 1382  whereabouts of an individual a patient who is being
 1383  involuntarily held for examination to the individual’s guardian
 1384  or representative, by telephone or in person within 24 hours
 1385  after the individual’s patient’s arrival at the facility, unless
 1386  the patient requests that no notification be made. Contact
 1387  attempts must shall be documented in the individual’s patient’s
 1388  clinical record and shall begin as soon as reasonably possible
 1389  after the individual’s patient’s arrival. Notice that an
 1390  individual is being involuntarily held must a patient is being
 1391  admitted as an involuntary patient shall be given to the Florida
 1392  local advocacy council by no later than the next working day
 1393  after the individual patient is admitted.
 1394         (c) The written notice of the filing of the petition for
 1395  the involuntary placement of an individual being held must
 1396  include contain the following:
 1397         1. Notice that the petition has been filed with the circuit
 1398  court in the county in which the individual patient is
 1399  hospitalized and the court’s address of such court.
 1400         2. Notice that the office of the public defender has been
 1401  appointed to represent the individual patient in the proceeding,
 1402  if the individual patient is not otherwise represented by
 1403  counsel.
 1404         3. The date, time, and place of the hearing and the name of
 1405  each examining expert and every other person expected to testify
 1406  in support of continued detention.
 1407         4. Notice that the individual patient, the individual’s
 1408  patient’s guardian or representative, or the administrator may
 1409  apply for a change of venue for the convenience of the parties
 1410  or witnesses or because of the individual’s condition of the
 1411  patient.
 1412         5. Notice that the individual patient is entitled to an
 1413  independent expert examination and, if the individual patient
 1414  cannot afford such an examination, that the court will provide
 1415  for one.
 1416         (d) A treatment facility shall provide notice of an
 1417  individual’s a patient’s involuntary admission on the next
 1418  regular working day after the individual’s patient’s arrival at
 1419  the facility.
 1420         (e) If an individual When a patient is to be transferred
 1421  from one facility to another, notice shall be given by the
 1422  facility where the individual patient is located before prior to
 1423  the transfer.
 1424         Section 14. Section 394.460, Florida Statutes, is repealed.
 1425         Section 15. Section 394.461, Florida Statutes, is amended
 1426  to read:
 1427         394.461 Designation of receiving and treatment facilities.
 1428  The department may is authorized to designate and monitor
 1429  receiving facilities and treatment facilities and may suspend or
 1430  withdraw such designation for failure to comply with this part
 1431  and rules adopted under this part. Only governmental facilities,
 1432  and others Unless designated by the department, may facilities
 1433  are not permitted to hold or treat individuals on an involuntary
 1434  basis patients under this part.
 1435         (1) RECEIVING FACILITY.—The department may designate any
 1436  community facility as a receiving facility. Any other facility
 1437  within the state, including a private facility, as a receiving
 1438  facility if or a federal facility, may be so designated by the
 1439  department, provided that such designation is agreed to by the
 1440  governing body or authority of the facility.
 1441         (2) TREATMENT FACILITY.—The department may designate any
 1442  state-owned, state-operated, or state-supported facility as a
 1443  state treatment facility. An individual may A civil patient
 1444  shall not be admitted to a civil state treatment facility
 1445  without previously undergoing a transfer evaluation. Before a
 1446  court hearing for involuntary placement in a state treatment
 1447  facility, the court shall receive and consider the information
 1448  documented in the transfer evaluation. Any other facility,
 1449  including a private facility or a federal facility, may be
 1450  designated as a treatment facility by the department if,
 1451  provided that such designation is agreed to by the appropriate
 1452  governing body or authority of the facility.
 1453         (3)GOVERNMENTAL FACILITIES.—Governmental facilities may
 1454  provide voluntary and involuntary mental health examination and
 1455  treatment for individuals in their care and custody and must
 1456  protect the rights of these individuals, pursuant to this part.
 1457         (4)(3) PRIVATE FACILITIES.—Private facilities designated as
 1458  receiving and treatment facilities by the department may provide
 1459  examination and treatment of individuals on an of involuntary or
 1460  patients, as well as voluntary basis patients, and are subject
 1461  to all the provisions of this part.
 1462         (5)(4)REPORT.—
 1463         (a) A facility designated as a public receiving or
 1464  treatment facility under this section shall annually report to
 1465  the department on an annual basis the following data to the
 1466  department, unless such these data are currently being submitted
 1467  to the Agency for Health Care Administration:
 1468         1. Number of licensed beds by payor class.
 1469         2. Number of contract days by payor class.
 1470         3. Number of persons served admissions by payor class and
 1471  diagnoses.
 1472         4. Number of bed days by payor class.
 1473         5. Average length of stay by payor class.
 1474         6. Total revenues by payor class.
 1475         (b) For the purposes of this subsection, “payor class”
 1476  means Medicare, Medicare HMO, Medicaid, Medicaid HMO, private
 1477  pay health insurance, private-pay health maintenance
 1478  organization, private preferred provider organization, the
 1479  Department of Children and Family Services, other government
 1480  programs, self-pay individuals patients, and charity care.
 1481         (c) The data required under this subsection shall be
 1482  submitted to the department within no later than 90 days after
 1483  following the end of the facility’s fiscal year. A facility
 1484  designated as a public receiving or treatment facility shall
 1485  submit its initial report for the 6-month period ending June 30,
 1486  2008.
 1487         (d) The department shall issue an annual report based on
 1488  the data collected required pursuant to this subsection, which
 1489  must. The report shall include individual facilities’ data by
 1490  facility, as well as statewide totals. The report shall be
 1491  submitted to the Governor, the President of the Senate, and the
 1492  Speaker of the House of Representatives.
 1493         (6)(5) RULES.—The department shall adopt rules relating to:
 1494         (a) Procedures and criteria for receiving and evaluating
 1495  facility applications for designation as a receiving or
 1496  treatment facility, which may include an onsite facility
 1497  inspection and evaluation of an applicant’s licensing status and
 1498  performance history, as well as consideration of local service
 1499  needs.
 1500         (b) Minimum standards consistent with this part which that
 1501  a facility must meet and maintain in order to be designated as a
 1502  receiving or treatment facility, and procedures for monitoring
 1503  continued adherence to such standards.
 1504         (c) Procedures for receiving complaints against a
 1505  designated facility and for initiating inspections and
 1506  investigations of facilities alleged to have violated the
 1507  provisions of this part or rules adopted under this part.
 1508         (d) Procedures and criteria for the suspension or
 1509  withdrawal of designation as a receiving or treatment facility.
 1510         Section 16. Section 394.4615, Florida Statutes, is amended
 1511  to read:
 1512         394.4615 Clinical records; confidentiality.—
 1513         (1) A clinical record shall be maintained for each
 1514  individual held for examination or admitted for mental health
 1515  treatment patient. The record must shall include data pertaining
 1516  to admission and such other information as may be required under
 1517  rules of the department. A clinical record is confidential and
 1518  exempt from the provisions of s. 119.07(1). Unless waived by the
 1519  express and informed consent of the individual, by the patient
 1520  or by his or her the patient’s guardian, or guardian advocate,
 1521  health care surrogate or proxy, or, if the patient is deceased,
 1522  by his or her the patient’s personal representative or the
 1523  family member who stands next in line of intestate succession,
 1524  the confidential status of the clinical record is shall not be
 1525  lost by either authorized or unauthorized disclosure to any
 1526  person, organization, or agency.
 1527         (2) The clinical record of an individual held for
 1528  examination or admitted for mental health treatment shall be
 1529  released if when:
 1530         (a) The individual patient or the individual’s patient’s
 1531  guardian, guardian advocate, or health care surrogate or proxy
 1532  authorizes the release. The guardian, or guardian advocate, or
 1533  surrogate shall be provided access to the appropriate clinical
 1534  records of the patient. The individual patient or the
 1535  individual’s patient’s guardian, or guardian advocate, or
 1536  surrogate or proxy may authorize the release of information and
 1537  clinical records to appropriate persons to ensure the continuity
 1538  of the individual’s patient’s health care or mental health care.
 1539         (b) The individual patient is represented by counsel and
 1540  the records are needed by such the patient’s counsel for
 1541  adequate representation.
 1542         (c)A petition for involuntary placement is filed and the
 1543  records are needed by the state attorney to evaluate and confirm
 1544  the allegations set forth in the petition or to prosecute the
 1545  petition.
 1546         (d)(c) The court orders such release. In determining
 1547  whether there is good cause for disclosure, the court shall
 1548  weigh the need for the information to be disclosed against the
 1549  possible harm of disclosure to the individual person to whom
 1550  such information pertains.
 1551         (e)(d) The individual patient is committed to, or is to be
 1552  returned to, the Department of Corrections from the Department
 1553  of Children and Family Services, and the Department of
 1554  Corrections requests such records. The These records shall be
 1555  furnished without charge to the Department of Corrections.
 1556         (3) Information from the clinical record may be released if
 1557  in the following circumstances:
 1558         (a) The individual When a patient has declared an intention
 1559  to harm other persons. If When such declaration has been made,
 1560  the administrator may authorize the release of sufficient
 1561  information to provide adequate warning to the person threatened
 1562  with harm by the patient.
 1563         (b) When The administrator of the facility or secretary of
 1564  the department deems that release to a qualified researcher as
 1565  defined in administrative rule, an aftercare treatment provider,
 1566  or an employee or agent of the department is necessary for
 1567  treatment of the individual patient, maintenance of adequate
 1568  records, compilation of treatment data, aftercare planning, or
 1569  evaluation of programs.
 1570         (c)Necessary for the purpose of determining whether an
 1571  individual a person meets the criteria for involuntary
 1572  outpatient placement or for preparing the proposed treatment
 1573  plan pursuant to s. 394.4655, the clinical record may be
 1574  released to the state attorney, the public defender or the
 1575  individual’s patient’s private legal counsel, the court, and to
 1576  the appropriate mental health professionals, including the
 1577  service provider identified in s. 394.4655(6)(b)
 1578  394.4655(6)(b)2., in accordance with state and federal law.
 1579         (4) Information from clinical records may be used for
 1580  statistical and research purposes if the information is
 1581  abstracted in such a way as to protect the identity of
 1582  individuals served and meets department policy.
 1583         (5) Information from clinical records may be used by the
 1584  Agency for Health Care Administration, the department, and the
 1585  Florida advocacy councils for the purpose of monitoring facility
 1586  activity and complaints concerning facilities.
 1587         (6) Clinical records relating to a Medicaid recipient shall
 1588  be furnished to the Medicaid Fraud Control Unit in the
 1589  Department of Legal Affairs, upon request.
 1590         (7) Any person, agency, or entity receiving information
 1591  pursuant to this section shall maintain such information as
 1592  confidential and exempt from the provisions of s. 119.07(1).
 1593         (8) Any facility or private mental health practitioner who
 1594  acts in good faith in releasing information pursuant to this
 1595  section is not subject to civil or criminal liability for such
 1596  release.
 1597         (9) Nothing in This section does not is intended to
 1598  prohibit the parent or next of kin of an individual a person who
 1599  is held for examination in or admitted for treated under a
 1600  mental health treatment facility or program from requesting and
 1601  receiving information limited to a summary of that individual’s
 1602  person’s treatment plan and current physical and mental
 1603  condition. Release of such information must shall be in
 1604  accordance with the code of ethics of the profession involved.
 1605         (10) An adult individual Patients shall have reasonable
 1606  access to his or her their clinical records, unless such access
 1607  is determined by the individual’s patient’s physician to be
 1608  harmful to the individual patient. If the individual’s patient’s
 1609  right to inspect his or her clinical record is restricted by the
 1610  facility, written notice of the such restriction must shall be
 1611  given to the individual patient and to his or her the patient’s
 1612  guardian, guardian advocate, attorney, and representative. In
 1613  addition, the restriction must shall be recorded in the clinical
 1614  record, together with the reasons for it. The restriction
 1615  expires of a patient’s right to inspect his or her clinical
 1616  record shall expire after 7 days but may be renewed, after
 1617  review, for subsequent 7-day periods.
 1618         (11) Any person who fraudulently alters, defaces, or
 1619  falsifies the clinical record of an individual any person
 1620  receiving mental health services in a facility subject to this
 1621  part, or causes or procures any of these offenses to be
 1622  committed, commits a misdemeanor of the second degree,
 1623  punishable as provided in s. 775.082 or s. 775.083.
 1624         Section 17. Section 394.462, Florida Statutes, is amended
 1625  to read:
 1626         394.462 Transportation.—
 1627         (1) TRANSPORTATION TO A RECEIVING FACILITY.—
 1628         (a) Each county shall designate a single law enforcement
 1629  agency within the county, or portions thereof, to take an
 1630  individual a person into custody upon the entry of an ex parte
 1631  order or the execution of a certificate for involuntary
 1632  examination by an authorized professional and to transport that
 1633  individual person to the nearest receiving facility, excluding a
 1634  governmental facility, for examination. A law enforcement
 1635  officer acting in good faith pursuant to this part may not be
 1636  held criminally or civilly liable for false imprisonment. The
 1637  designated law enforcement agency may decline to transport the
 1638  individual person to a receiving facility only if:
 1639         1. The county or jurisdiction designated by the county has
 1640  contracted on an annual basis with an emergency medical
 1641  transport service or private transport company for
 1642  transportation of individuals persons to receiving facilities
 1643  pursuant to this section at the sole cost of the county; and
 1644         2. The law enforcement agency and the emergency medical
 1645  transport service or private transport company agree that the
 1646  continued presence of law enforcement personnel is not necessary
 1647  for the safety of the individual being transported person or
 1648  others.
 1649         (b)3.If transportation for involuntary examination is
 1650  provided by an emergency medical transport service or private
 1651  transport company, the county or law enforcement agency The
 1652  jurisdiction designated by the county may seek reimbursement for
 1653  transportation expenses. The individual being transported is
 1654  party responsible for payment for such transportation is the
 1655  person receiving the transportation. The county shall seek
 1656  reimbursement from the following sources in the following order:
 1657         1.a. From an insurance company, health care corporation, or
 1658  other source, if the individual being transported person
 1659  receiving the transportation is covered by an insurance policy
 1660  or subscribes to a health care corporation or other source for
 1661  payment of such expenses.
 1662         2.b. From the individual being transported person receiving
 1663  the transportation.
 1664         3.c. From a financial settlement for medical care,
 1665  treatment, hospitalization, or transportation payable or
 1666  accruing to the injured party.
 1667         (c)(b) Any company that transports an individual a patient
 1668  pursuant to this subsection is considered an independent
 1669  contractor and is solely liable for the safe and dignified
 1670  transportation of the individual patient. Such company must be
 1671  insured and maintain at least provide no less than $100,000 in
 1672  liability insurance with respect to such the transportation of
 1673  patients.
 1674         (d)(c) Any company that contracts with a governing board of
 1675  a county to transport individuals for examination or treatment
 1676  must patients shall comply with the applicable rules of the
 1677  department to ensure their the safety and dignity of the
 1678  patients.
 1679         (e)(d)If When a law enforcement officer takes custody of
 1680  an individual a person pursuant to this part, the officer may
 1681  request assistance from emergency medical personnel if such
 1682  assistance is needed for the safety of the officer or the
 1683  individual person in custody.
 1684         (f)(e)If When a member of a mental health overlay program
 1685  or a mobile crisis response service is a professional authorized
 1686  to initiate an involuntary examination pursuant to s. 394.463
 1687  and that professional evaluates an individual a person and
 1688  determines that transportation to a receiving facility is
 1689  needed, the service, at its discretion, may transport the
 1690  individual person to the facility or may call on the law
 1691  enforcement agency or other transportation arrangement best
 1692  suited to the needs of the individual being transported patient.
 1693         (g)(f)If a When any law enforcement officer has custody of
 1694  an individual a person based on either noncriminal or minor
 1695  criminal behavior that meets the statutory guidelines for
 1696  involuntary examination under this part, the law enforcement
 1697  officer shall transport the individual person to the nearest
 1698  receiving facility for examination.
 1699         (h)(g)If a When any law enforcement officer has arrested
 1700  an adult a person for a felony and it appears that the adult
 1701  arrested person meets the statutory guidelines for involuntary
 1702  examination or placement under this part, the adult such person
 1703  shall first be processed in the same manner as any other
 1704  criminal suspect. The law enforcement agency shall thereafter
 1705  immediately notify the nearest public receiving facility, which
 1706  shall be responsible for promptly arranging for the examination
 1707  and treatment of the adult person. A receiving facility is not
 1708  required to admit an adult a person charged with a felony crime
 1709  for whom the facility determines and documents that it is unable
 1710  to provide adequate security, but shall provide mental health
 1711  examination and treatment to the adult person where he or she is
 1712  held.
 1713         (i)(h) If the appropriate law enforcement officer believes
 1714  that an individual a person has an emergency medical condition
 1715  as defined in s. 395.002, the individual person may be first
 1716  transported to a hospital for emergency medical treatment,
 1717  regardless of whether the hospital is a designated receiving
 1718  facility.
 1719         (j)(i) The costs of transportation, evaluation,
 1720  hospitalization, and treatment incurred under this subsection by
 1721  individuals persons who have been arrested for violations of any
 1722  state law or county or municipal ordinance may be recovered as
 1723  provided in s. 901.35.
 1724         (k)(j) The nearest receiving facility must accept
 1725  individuals persons brought by law enforcement officers for
 1726  involuntary examination.
 1727         (l)(k) Each law enforcement agency shall develop a
 1728  memorandum of understanding with each receiving facility within
 1729  the law enforcement agency’s jurisdiction which reflects a
 1730  single set of protocols for the safe and secure transportation
 1731  of the person and transfer of custody of the person. These
 1732  protocols must also address crisis intervention measures.
 1733         (m)(l)If When a jurisdiction has entered into a contract
 1734  with an emergency medical transport service or a private
 1735  transport company for transportation of individuals persons to
 1736  receiving facilities, such service or company shall be given
 1737  preference for transportation of individuals persons from
 1738  nursing homes, assisted living facilities, adult day care
 1739  centers, or adult family-care homes, unless the behavior of the
 1740  individual person being transported is such that transportation
 1741  by a law enforcement officer is necessary.
 1742         (n)(m)Nothing in This section does not shall be construed
 1743  to limit emergency examination and treatment of incapacitated
 1744  individuals persons provided in accordance with the provisions
 1745  of s. 401.445.
 1746         (2) TRANSPORTATION TO A TREATMENT FACILITY.—
 1747         (a) If neither the individual held for examination or
 1748  admitted for mental health treatment or patient nor any person
 1749  legally obligated or responsible for the individual patient is
 1750  not able to pay for the expense of transporting an individual a
 1751  voluntary or involuntary patient to a treatment facility, the
 1752  governing board of the county in which the individual patient is
 1753  hospitalized shall arrange for the such required transportation
 1754  and shall ensure the safe and dignified transportation of the
 1755  individual patient. The governing board of each county may is
 1756  authorized to contract with private transport companies for such
 1757  the transportation of such patients to and from a treatment
 1758  facility.
 1759         (b) Any company that transports an individual a patient
 1760  pursuant to this subsection is considered an independent
 1761  contractor and is solely liable for the safe and dignified
 1762  transportation of the individual patient. Such company must be
 1763  insured and provide at least no less than $100,000 in liability
 1764  insurance for such with respect to the transportation of
 1765  patients.
 1766         (c) Any company that contracts with the governing board of
 1767  a county to transport individuals must patients shall comply
 1768  with the applicable rules of the department to ensure the safety
 1769  and dignity of the individuals transported patients.
 1770         (d) County or municipal law enforcement and correctional
 1771  personnel and equipment may shall not be used to transport
 1772  individuals patients adjudicated incapacitated or found by the
 1773  court to meet the criteria for involuntary placement under
 1774  pursuant to s. 394.467, except in small rural counties where
 1775  there are no cost-efficient alternatives.
 1776         (3) TRANSFER OF CUSTODY.—Custody of a person who is
 1777  transported pursuant to this part, along with related
 1778  documentation, shall be relinquished to a responsible individual
 1779  at the appropriate receiving or treatment facility.
 1780         (4) EXCEPTIONS.—
 1781         (a) An exception to the requirements of this section may be
 1782  granted by the secretary of the department for the purposes of
 1783  improving service coordination or better meeting the special
 1784  needs of individuals. A proposal for an exception shall must be
 1785  submitted to the secretary by the circuit district administrator
 1786  after being approved by the governing board of each affected
 1787  county boards of any affected counties, prior to submission to
 1788  the secretary.
 1789         1.(a) A proposal for an exception must identify the
 1790  specific provision from which an exception is requested,;
 1791  describe how the proposal will be implemented by participating
 1792  law enforcement agencies and transportation authorities,; and
 1793  provide a plan for the coordination of services such as case
 1794  management.
 1795         2.(b)An The exception may be granted only for:
 1796         a.1. An arrangement centralizing and improving the
 1797  provision of services within a circuit district, which may
 1798  include an exception to the requirement for transportation to
 1799  the nearest receiving facility;
 1800         b.2. An arrangement whereby by which a facility may
 1801  provide, in addition to required psychiatric services, an
 1802  environment and services that which are uniquely tailored to the
 1803  needs of an identified group of individuals who have persons
 1804  with special needs, such as persons who have with hearing
 1805  impairments or visual impairments, or elderly persons who have
 1806  with physical frailties; or
 1807         c.3. A specialized transportation system that provides an
 1808  efficient and humane method of transporting individuals patients
 1809  to receiving facilities, among receiving facilities, and to
 1810  treatment facilities.
 1811         2.(c) Any exception approved pursuant to this subsection
 1812  must shall be reviewed and approved every 5 years by the
 1813  secretary.
 1814         (b) The Department of Corrections may transport an
 1815  individual who is being released from its custody to a receiving
 1816  or treatment facility for involuntary examination or placement.
 1817  Such transport shall be to a facility, specified by the
 1818  department, which is able to meet the specific needs of the
 1819  individual, or, if such specification cannot be made due to
 1820  exigent circumstances, transport may be to the nearest receiving
 1821  facility.
 1822         Section 18. Section 394.4625, Florida Statutes, is amended
 1823  to read:
 1824         394.4625 Voluntary admissions.—
 1825         (1) EXAMINATION AND TREATMENT AUTHORITY TO RECEIVE
 1826  PATIENTS.—
 1827         (a) A facility may receive for observation, diagnosis, or
 1828  treatment an adult who makes any person 18 years of age or older
 1829  making application by express and informed consent for admission
 1830  or any minor person age 17 or under for whom such application is
 1831  made by his or her guardian.
 1832         1. If found to show evidence of mental illness, to be
 1833  competent to provide express and informed consent, and to be
 1834  suitable for treatment, an adult such person 18 years of age or
 1835  older may be admitted to the facility.
 1836         2. A minor person age 17 or under may be admitted only with
 1837  the minor’s assent, which must be obtained in conjunction with
 1838  consent from the minor’s guardian. The minor’s assent means that
 1839  the minor has affirmatively agreed to stay at the facility for
 1840  examination or mental health treatment. Mere failure to object,
 1841  absent affirmative agreement, is not assent. The minor’s assent
 1842  must be verified through a clinical assessment that is
 1843  documented in the clinical record and conducted within 12 hours
 1844  after admission by a licensed professional authorized to
 1845  initiate an involuntary examination pursuant to s. 394.463. In
 1846  verifying the minor’s assent, the examining professional must
 1847  first provide the minor with an explanation of why the minor
 1848  will be examined and treated, what the minor can expect while in
 1849  the facility, and when the minor may expect to be released,
 1850  using language that is appropriate to the minor’s age,
 1851  experience, maturity, and condition. Unless the minor’s assent
 1852  is verified pursuant to this section, a petition for involuntary
 1853  inpatient placement must be filed with the court within 1
 1854  working day after admission or the minor must be released to his
 1855  or her guardian within 24 hours after admission only after a
 1856  hearing to verify the voluntariness of the consent.
 1857         (b) A mental health overlay program, or a mobile crisis
 1858  response service, or a licensed professional who is authorized
 1859  to initiate an involuntary examination pursuant to s. 394.463
 1860  and is employed by a community mental health center or clinic
 1861  must, pursuant to circuit district procedure approved by the
 1862  respective circuit district administrator, conduct an initial
 1863  assessment of the ability of the following individuals persons
 1864  to give express and informed consent to treatment before such
 1865  individuals persons may be admitted voluntarily:
 1866         1. An individual A person 60 years of age or older for whom
 1867  transfer is being sought from a nursing home, assisted living
 1868  facility, adult day care center, or adult family-care home, if
 1869  when such person has been diagnosed as suffering from dementia.
 1870         2. An individual A person 60 years of age or older for whom
 1871  transfer is being sought from a nursing home pursuant to s.
 1872  400.0255(11) 400.0255(12).
 1873         3. An individual A person for whom all decisions concerning
 1874  medical treatment are currently being lawfully made by a the
 1875  health care surrogate or proxy designated under chapter 765.
 1876         (c) If When an initial assessment of the ability of an
 1877  individual a person to give express and informed consent to
 1878  treatment is required under this section, and a mobile crisis
 1879  response service does not respond to a the request for an
 1880  assessment within 2 hours after the request is made or informs
 1881  the requesting facility that it will not be able to respond
 1882  within 2 hours after the request is made, the requesting
 1883  facility may arrange for assessment by a any licensed
 1884  professional authorized to initiate an involuntary examination
 1885  under pursuant to s. 394.463. The professional may not be who is
 1886  not employed by or under contract with, or and does not have a
 1887  financial interest in, either the facility initiating the
 1888  transfer or the receiving facility to which the transfer may be
 1889  made, and may not have a financial interest in the outcome of
 1890  the assessment.
 1891         (d) A facility may not admit an individual on as a
 1892  voluntary status patient a person who has been adjudicated
 1893  incapacitated, unless the condition of incapacity has been
 1894  judicially removed. If a facility admits an individual on
 1895  voluntary status as a voluntary patient a person who is later
 1896  determined to have been adjudicated incapacitated, and the
 1897  condition of incapacity had not been removed by the time of the
 1898  admission, the facility must either discharge the patient or
 1899  transfer the individual patient to involuntary status.
 1900         (e) The health care surrogate or proxy of an individual on
 1901  a voluntary status patient may not consent to the provision of
 1902  mental health treatment for that individual the patient. An
 1903  individual on voluntary status A voluntary patient who is
 1904  unwilling or unable to provide express and informed consent to
 1905  mental health treatment must either be discharged or transferred
 1906  to involuntary status.
 1907         (f) Within 24 hours after an individual’s voluntary
 1908  admission of a voluntary patient, the admitting physician shall
 1909  document in the patient’s clinical record that the individual
 1910  patient is able to give express and informed consent for
 1911  admission. If the individual patient is not able to give express
 1912  and informed consent for admission, the facility must shall
 1913  either discharge the patient or transfer the individual patient
 1914  to involuntary status pursuant to subsection (5).
 1915         (2) RELEASE OR DISCHARGE OF VOLUNTARY PATIENTS.—
 1916         (a) A facility shall discharge an individual admitted on a
 1917  voluntary status who patient:
 1918         1. Who Has sufficiently improved so that retention in the
 1919  facility is no longer desirable. The individual A patient may
 1920  also be discharged to the care of a community facility.
 1921         2. Who Has revoked revokes consent to admission or requests
 1922  discharge. The individual A voluntary patient or his or her a
 1923  relative, friend, or attorney of the patient may request
 1924  discharge either orally or in writing at any time following
 1925  admission to the facility. The individual patient must be
 1926  discharged within 24 hours after of the request, unless the
 1927  request is rescinded or the individual patient is transferred to
 1928  involuntary status pursuant to this section. The 24-hour time
 1929  period may be extended by a treatment facility if when necessary
 1930  for adequate discharge planning, but may shall not exceed 3 days
 1931  exclusive of weekends and holidays. If the individual patient,
 1932  or another on his or her the patient’s behalf, makes an oral
 1933  request for discharge to a staff member, such request must shall
 1934  be immediately entered in the patient’s clinical record. If the
 1935  request for discharge is made by a person other than the
 1936  individual patient, the discharge may be conditioned upon the
 1937  individual’s express and informed consent of the patient.
 1938         (b) An individual on A voluntary status patient who has
 1939  been admitted to a facility and who refuses to consent to or
 1940  revokes consent to treatment must shall be discharged within 24
 1941  hours after such refusal or revocation, unless transferred to
 1942  involuntary status pursuant to this section or unless the
 1943  refusal or revocation is freely and voluntarily rescinded by the
 1944  individual patient.
 1945         (c)An individual on voluntary status who has been charged
 1946  with a crime shall be returned to the custody of a law
 1947  enforcement officer upon release or discharge from a facility.
 1948         (3) NOTICE OF RIGHT TO DISCHARGE.—At the time of admission
 1949  and at least every 6 months thereafter, an individual on a
 1950  voluntary status patient shall be notified in writing of his or
 1951  her right to apply for a discharge.
 1952         (4) TRANSFER TO VOLUNTARY STATUS.—An individual on
 1953  involuntary status patient who has been certified by a physician
 1954  or psychologist as competent to provide express and informed
 1955  consent and who applies to be transferred to voluntary status
 1956  shall be transferred to voluntary status immediately, unless the
 1957  individual patient has been charged with a crime, or has been
 1958  involuntarily placed for treatment by a court pursuant to s.
 1959  394.467 and continues to meet the criteria for involuntary
 1960  placement. When transfer to voluntary status occurs, notice
 1961  shall be given as provided in s. 394.4599.
 1962         (5) TRANSFER TO INVOLUNTARY STATUS.—If an individual on
 1963  When a voluntary status patient, or an authorized person on the
 1964  individual’s the patient’s behalf, makes a request for
 1965  discharge, the request for discharge, unless freely and
 1966  voluntarily rescinded, must be communicated to a physician,
 1967  clinical psychologist, or psychiatrist as quickly as possible,
 1968  but within not later than 12 hours after the request is made. If
 1969  the individual patient meets the criteria for involuntary
 1970  placement, the administrator of the facility must file with the
 1971  court a petition for involuntary placement, within 2 court
 1972  working days after the request for discharge is made. If the
 1973  petition is not filed within 2 court working days, the
 1974  individual must patient shall be discharged. Pending the filing
 1975  of the petition, the individual patient may be held and
 1976  emergency treatment rendered in the least restrictive manner,
 1977  upon the written order of a physician, if it is determined that
 1978  such treatment is necessary for the safety of the individual
 1979  patient or others.
 1980         Section 19. Section 394.463, Florida Statutes, is amended
 1981  to read:
 1982         394.463 Involuntary examination.—
 1983         (1) CRITERIA.—An individual A person may be taken to a
 1984  receiving facility for involuntary examination if there is
 1985  reason to believe that he or she the person has a mental illness
 1986  and because of this his or her mental illness:
 1987         (a)1. The individual person has refused voluntary
 1988  examination after conscientious explanation and disclosure of
 1989  the purpose of the examination; or
 1990         2. The individual person is unable to determine for himself
 1991  or herself whether examination is necessary; and
 1992         (b)1. Without care or treatment:, the person
 1993         1. The individual is likely to suffer from neglect or
 1994  refuse to care for himself or herself; such neglect or refusal
 1995  poses a real and present threat of substantial harm to his or
 1996  her well-being; and it is not apparent that such harm may be
 1997  avoided through the help of willing family members or friends or
 1998  the provision of other services; or
 1999         2. There is a substantial likelihood that without care or
 2000  treatment the individual person will cause serious bodily harm
 2001  to self himself or herself or others in the near future, as
 2002  evidenced by recent behavior.
 2003         (2) INVOLUNTARY EXAMINATION.—
 2004         (a) An involuntary examination may be initiated by any one
 2005  of the following means:
 2006         1. A court may enter an ex parte order stating that an
 2007  individual a person appears to meet the criteria for involuntary
 2008  examination, giving the findings on which that conclusion is
 2009  based. The ex parte order for involuntary examination must be
 2010  based on sworn testimony, written or oral, which includes
 2011  specific facts that support the finding that the criteria have
 2012  been met. Any behavior relied on for the issuance of the ex
 2013  parte order must have occurred within the preceding 14 days. If
 2014  other less restrictive means are not available, such as
 2015  voluntary appearance for outpatient evaluation, A law
 2016  enforcement officer, or other designated agent of the court,
 2017  shall take the individual person into custody and deliver him or
 2018  her to the nearest receiving facility for involuntary
 2019  examination. The order of the court order must shall be made a
 2020  part of the patient’s clinical record. A No fee may not shall be
 2021  charged for the filing of an order under this subsection. Any
 2022  receiving facility accepting the individual patient based on the
 2023  this order must send a copy of the order to the Agency for
 2024  Health Care Administration on the next working day. The order is
 2025  shall be valid only until the individual is delivered to the
 2026  receiving facility until executed or, if not executed, for the
 2027  period specified in the order itself, whichever occurs first. If
 2028  a no time limit is not specified in the order, the order is
 2029  shall be valid for 7 days after the date it that the order was
 2030  signed.
 2031         2. A law enforcement officer shall take an individual a
 2032  person who appears to meet the criteria for involuntary
 2033  examination into custody and deliver or arrange for the delivery
 2034  of the individual the person or have him or her delivered to the
 2035  nearest receiving facility for examination. The officer shall
 2036  complete execute a written report detailing the circumstances
 2037  under which the individual person was taken into custody., and
 2038  The report must shall be made a part of the patient’s clinical
 2039  record. Any receiving facility accepting the individual patient
 2040  based on the this report must send a copy of the report to the
 2041  Agency for Health Care Administration on the next working day.
 2042         3. A physician, clinical psychologist, psychiatric nurse,
 2043  mental health counselor, marriage and family therapist, or
 2044  clinical social worker, or physician assistant may execute a
 2045  certificate stating that he or she has examined the individual a
 2046  person within the preceding 48 hours and finds that the
 2047  individual person appears to meet the criteria for involuntary
 2048  examination and stating the observations upon which that
 2049  conclusion is based. If other less restrictive means are not
 2050  available, such as voluntary appearance for outpatient
 2051  evaluation, A law enforcement officer shall take the individual
 2052  person named in the certificate into custody and deliver him or
 2053  her to the nearest receiving facility for involuntary
 2054  examination. The law enforcement officer shall complete execute
 2055  a written report detailing the circumstances under which the
 2056  individual person was taken into custody. The report and
 2057  certificate shall be made a part of the patient’s clinical
 2058  record. Any receiving facility accepting the individual patient
 2059  based on the this certificate must send a copy of the
 2060  certificate to the Agency for Health Care Administration on the
 2061  next working day. The certificate is valid only until the
 2062  individual is delivered to the receiving facility or until 7
 2063  calendar days after the certificate was executed, whichever
 2064  occurs first.
 2065         (b) A person who initiates an involuntary examination of a
 2066  minor shall make and document immediate attempts to notify the
 2067  minor’s guardian of such examination. A receiving facility
 2068  accepting a minor for involuntary examination must immediately
 2069  notify the minor’s guardian upon the minor’s arrival.
 2070         (c)(b)An individual may A person shall not be removed from
 2071  a any program or residential placement licensed under chapter
 2072  400 or chapter 429 and transported to a receiving facility for
 2073  involuntary examination unless an ex parte order, a professional
 2074  certificate, or a law enforcement officer’s report is first
 2075  prepared. If the condition of the individual person is such that
 2076  preparation of a law enforcement officer’s report is not
 2077  practicable before removal, the report must shall be completed
 2078  as soon as possible after removal, but in any case before the
 2079  individual person is transported to a receiving facility. A
 2080  receiving facility admitting an individual a person for
 2081  involuntary examination who is not accompanied by the required
 2082  ex parte order, professional certificate, or law enforcement
 2083  officer’s report must shall notify the Agency for Health Care
 2084  Administration of such admission by certified mail by no later
 2085  than the next working day. The provisions of this paragraph do
 2086  not apply when transportation is provided by the patient’s
 2087  family or guardian.
 2088         (d)(c) A law enforcement officer acting in accordance with
 2089  an ex parte order issued pursuant to this subsection may serve
 2090  and execute such order on any day of the week, at any time of
 2091  the day or night.
 2092         (e)(d) A law enforcement officer acting in accordance with
 2093  an ex parte order issued pursuant to this subsection may use
 2094  such reasonable physical force if as is necessary to gain entry
 2095  to the premises, and any dwellings, buildings, or other
 2096  structures located on the premises, and to take custody of the
 2097  individual person who is the subject of the ex parte order.
 2098         (f)(e) The Agency for Health Care Administration shall
 2099  receive and maintain the copies of ex parte orders, involuntary
 2100  outpatient placement orders issued pursuant to s. 394.4655,
 2101  involuntary inpatient placement orders issued pursuant to s.
 2102  394.467, professional certificates, and law enforcement
 2103  officers’ reports. These documents shall be considered part of
 2104  the clinical record, governed by the provisions of s. 394.4615.
 2105  The agency shall prepare annual reports analyzing the data
 2106  obtained from these documents, without information identifying
 2107  individuals held for examination or admitted for mental health
 2108  treatment patients, and shall provide copies of reports to the
 2109  department, the President of the Senate, the Speaker of the
 2110  House of Representatives, and the minority leaders of the Senate
 2111  and the House of Representatives.
 2112         (g)(f)An individual A patient shall be examined by a
 2113  physician or clinical psychologist at a receiving facility
 2114  without unnecessary delay to determine if the criteria for
 2115  involuntary inpatient placement is met. Emergency treatment may
 2116  be provided and may, upon the order of a physician, be given
 2117  emergency treatment if it is determined that such treatment is
 2118  necessary for the safety of the patient or others. The patient
 2119  may not be released by the receiving facility or its contractor
 2120  without the documented approval of a psychiatrist, a clinical
 2121  psychologist, or, if the receiving facility is a hospital, the
 2122  release may also be approved by an attending emergency
 2123  department physician with experience in the diagnosis and
 2124  treatment of mental and nervous disorders and after completion
 2125  of an involuntary examination pursuant to this subsection.
 2126  However, a patient may not be held in a receiving facility for
 2127  involuntary examination longer than 72 hours.
 2128         (h)An individual may not be held for involuntary
 2129  examination for more than 72 hours. Based on the individual’s
 2130  needs, one of the following actions must be taken within the 72
 2131  hour period:
 2132         1.The individual shall be released after the completion of
 2133  the involuntary examination and with the documented approval of
 2134  a psychiatrist or a clinical psychologist or, if the facility is
 2135  a hospital, the release may be approved by an attending
 2136  emergency department physician;
 2137         2.The individual shall be asked to give express and
 2138  informed consent for voluntary admission if a physician or
 2139  clinical psychologist has determined that the individual is
 2140  competent to consent to treatment; or
 2141         3.A petition for involuntary placement shall be completed
 2142  and filed in the circuit court if involuntary outpatient or
 2143  inpatient treatment is deemed necessary. If the 72-hour period
 2144  ends on a weekend or holiday, the petition must be filed by the
 2145  next working day. If inpatient treatment is deemed necessary,
 2146  the least restrictive treatment consistent with the optimum
 2147  improvement of the individual’s condition must be made
 2148  available.
 2149         (i)An individual released from a receiving or treatment
 2150  facility on a voluntary or involuntary basis who is charged with
 2151  a crime shall be returned to the custody of a law enforcement
 2152  officer.
 2153         (j)(g)If an individual A person for whom an involuntary
 2154  examination has been initiated who is also being evaluated or
 2155  treated at a hospital for an emergency medical condition
 2156  specified in s. 395.002, must be examined by a receiving
 2157  facility within 72 hours. the 72-hour period begins when the
 2158  individual patient arrives at the hospital and ceases when the
 2159  attending physician documents that the individual patient has an
 2160  emergency medical condition. The 72-hour period resumes when the
 2161  physician documents that the emergency medical condition has
 2162  stabilized or does not exist. If the patient is examined at a
 2163  hospital providing emergency medical services by a professional
 2164  qualified to perform an involuntary examination and is found as
 2165  a result of that examination not to meet the criteria for
 2166  involuntary outpatient placement pursuant to s. 394.4655(1) or
 2167  involuntary inpatient placement pursuant to s. 394.467(1), the
 2168  patient may be offered voluntary placement, if appropriate, or
 2169  released directly from the hospital providing emergency medical
 2170  services. The finding by the professional that the patient has
 2171  been examined and does not meet the criteria for involuntary
 2172  inpatient placement or involuntary outpatient placement must be
 2173  entered into the patient’s clinical record. Nothing in this
 2174  paragraph is intended to prevent A hospital providing emergency
 2175  medical services may transfer an individual from appropriately
 2176  transferring a patient to another hospital before prior to
 2177  stabilization if, provided the requirements of s. 395.1041(3)(c)
 2178  are have been met.
 2179         (h) One of the following must occur within 12 hours after
 2180  the patient’s attending physician documents that the
 2181  individual’s patient’s medical condition has stabilized or that
 2182  an emergency medical condition does not exist:
 2183         1.The individual shall be examined by a physician or
 2184  clinical psychologist and, if found not to meet the criteria for
 2185  involuntary examination pursuant to s. 394.463, shall be
 2186  released directly from the hospital providing the emergency
 2187  medical services. The results of the examination, including the
 2188  final disposition, shall be entered into the clinical record; or
 2189         2.The individual shall be transferred to a receiving
 2190  facility for examination if appropriate medical and mental
 2191  health treatment are available. However, the receiving facility
 2192  must be notified of the transfer within 2 hours after the
 2193  individual’s condition has been stabilized or after
 2194  determination that an emergency medical condition does not
 2195  exist.
 2196         1. The patient must be examined by a designated receiving
 2197  facility and released; or
 2198         2. The patient must be transferred to a designated
 2199  receiving facility in which appropriate medical treatment is
 2200  available. However, the receiving facility must be notified of
 2201  the transfer within 2 hours after the patient’s condition has
 2202  been stabilized or after determination that an emergency medical
 2203  condition does not exist.
 2204         (i) Within the 72-hour examination period or, if the 72
 2205  hours ends on a weekend or holiday, no later than the next
 2206  working day thereafter, one of the following actions must be
 2207  taken, based on the individual needs of the patient:
 2208         1. The patient shall be released, unless he or she is
 2209  charged with a crime, in which case the patient shall be
 2210  returned to the custody of a law enforcement officer;
 2211         2. The patient shall be released, subject to the provisions
 2212  of subparagraph 1., for voluntary outpatient treatment;
 2213         3. The patient, unless he or she is charged with a crime,
 2214  shall be asked to give express and informed consent to placement
 2215  as a voluntary patient, and, if such consent is given, the
 2216  patient shall be admitted as a voluntary patient; or
 2217         4. A petition for involuntary placement shall be filed in
 2218  the circuit court when outpatient or inpatient treatment is
 2219  deemed necessary. When inpatient treatment is deemed necessary,
 2220  the least restrictive treatment consistent with the optimum
 2221  improvement of the patient’s condition shall be made available.
 2222  When a petition is to be filed for involuntary outpatient
 2223  placement, it shall be filed by one of the petitioners specified
 2224  in s. 394.4655(3)(a). A petition for involuntary inpatient
 2225  placement shall be filed by the facility administrator.
 2226         (3) NOTICE OF RELEASE.—Notice of the release shall be given
 2227  to the individual’s patient’s guardian or representative, to any
 2228  person who executed a certificate admitting the individual
 2229  patient to the receiving facility, and to any court that which
 2230  ordered the individual’s patient’s evaluation.
 2231         Section 20. Section 394.4655, Florida Statutes, is amended
 2232  to read:
 2233         394.4655 Involuntary outpatient placement.—
 2234         (1) CRITERIA FOR INVOLUNTARY OUTPATIENT PLACEMENT.—An
 2235  individual A person may be ordered to involuntary outpatient
 2236  placement upon a finding of the court that by clear and
 2237  convincing evidence that:
 2238         (a) The individual is an adult person is 18 years of age or
 2239  older;
 2240         (b) The individual person has a mental illness;
 2241         (c) The individual person is unlikely to survive safely in
 2242  the community without supervision, based on a clinical
 2243  determination;
 2244         (d) The individual person has a history of lack of
 2245  compliance with treatment for mental illness;
 2246         (e) The individual person has:
 2247         1. At least twice within the immediately preceding 36
 2248  months been involuntarily admitted to a receiving or treatment
 2249  facility as defined in s. 394.455, or has received mental health
 2250  services in a forensic or correctional facility. The 36-month
 2251  period does not include any period during which the individual
 2252  person was admitted or incarcerated; or
 2253         2. Engaged in one or more acts of serious violent behavior
 2254  toward self or others, or attempts at serious bodily harm to
 2255  self himself or herself or others, within the preceding 36
 2256  months;
 2257         (f) Due to The person is, as a result of his or her mental
 2258  illness, the individual is unlikely to voluntarily participate
 2259  in the recommended treatment plan and either he or she has
 2260  refused voluntary placement for treatment after sufficient and
 2261  conscientious explanation and disclosure of the purpose of
 2262  placement for treatment or he or she is unable to determine for
 2263  himself or herself whether placement is necessary;
 2264         (g) In view of the individual’s person’s treatment history
 2265  and current behavior, the individual person is in need of
 2266  involuntary outpatient placement in order to prevent a relapse
 2267  or deterioration that would be likely to result in serious
 2268  bodily harm to self himself or herself or others, or a
 2269  substantial harm to his or her well-being as set forth in s.
 2270  394.463(1);
 2271         (h) It is likely that the individual person will benefit
 2272  from involuntary outpatient placement; and
 2273         (i) All available, less restrictive alternatives that would
 2274  offer an opportunity for improvement of his or her condition
 2275  have been judged to be inappropriate or unavailable.
 2276         (2) INVOLUNTARY OUTPATIENT PLACEMENT.—
 2277         (a)1.An individual A patient who is being recommended for
 2278  involuntary outpatient placement by the administrator of the
 2279  receiving facility where the patient has been examined may be
 2280  retained by the facility after adherence to the notice
 2281  procedures provided in s. 394.4599.
 2282         1. The recommendation must be supported by the opinion of a
 2283  psychiatrist and the second opinion of a clinical psychologist
 2284  or another psychiatrist, both of whom have personally examined
 2285  the individual patient within the preceding 72 hours, that the
 2286  criteria for involuntary outpatient placement are met. However,
 2287  in a county having a population of fewer than 50,000, if the
 2288  administrator certifies that a psychiatrist or clinical
 2289  psychologist is not available to provide the second opinion, the
 2290  second opinion may be provided by a licensed physician who has
 2291  postgraduate training and experience in diagnosis and treatment
 2292  of mental and nervous disorders or by a psychiatric nurse. Any
 2293  second opinion authorized in this subparagraph may be conducted
 2294  through a face-to-face examination, in person or by electronic
 2295  means. Such recommendation must be entered on an involuntary
 2296  outpatient placement certificate that authorizes the receiving
 2297  facility to retain the individual patient pending completion of
 2298  a hearing. The certificate shall be made a part of the patient’s
 2299  clinical record.
 2300         2. If the individual patient has been stabilized and no
 2301  longer meets the criteria for involuntary examination pursuant
 2302  to s. 394.463(1), he or she the patient must be released from
 2303  the receiving facility while awaiting the hearing for
 2304  involuntary outpatient placement.
 2305         3. Before filing a petition for involuntary outpatient
 2306  treatment, the administrator of the a receiving facility or a
 2307  designated department representative must identify the service
 2308  provider that will have primary responsibility for service
 2309  provision under an order for involuntary outpatient placement,
 2310  unless the individual person is otherwise participating in
 2311  outpatient psychiatric treatment and is not in need of public
 2312  financing for that treatment, in which case the individual, if
 2313  eligible, may be ordered to involuntary treatment pursuant to
 2314  the existing psychiatric treatment relationship.
 2315         4.3.  The service provider shall prepare a written proposed
 2316  treatment plan in consultation with the individual being held
 2317  patient or his or her the patient’s guardian advocate, if
 2318  appointed, for the court’s consideration for inclusion in the
 2319  involuntary outpatient placement order. The service provider
 2320  shall also provide a copy of the proposed treatment plan to the
 2321  individual patient and the administrator of the receiving
 2322  facility. The treatment plan must specify the nature and extent
 2323  of the individual’s patient’s mental illness, address the
 2324  reduction of symptoms that necessitate involuntary outpatient
 2325  placement, and include measurable goals and objectives for the
 2326  services and treatment that are provided to treat the
 2327  individual’s person’s mental illness and assist the individual
 2328  person in living and functioning in the community or to prevent
 2329  a relapse or deterioration. Service providers may select and
 2330  supervise other providers individuals to implement specific
 2331  aspects of the treatment plan. The services in the treatment
 2332  plan must be deemed clinically appropriate by a physician,
 2333  clinical psychologist, psychiatric nurse, mental health
 2334  counselor, marriage and family therapist, or clinical social
 2335  worker who consults with, or is employed or contracted by, the
 2336  service provider. The service provider must certify to the court
 2337  in the proposed treatment plan whether sufficient services for
 2338  improvement and stabilization are currently available and
 2339  whether the service provider agrees to provide those services.
 2340  If the service provider certifies that the services in the
 2341  proposed treatment plan are not available, the petitioner may
 2342  not file the petition.
 2343         (b) If an individual a patient in involuntary inpatient
 2344  placement meets the criteria for involuntary outpatient
 2345  placement, the administrator of the treatment facility may,
 2346  before the expiration of the period during which the treatment
 2347  facility is authorized to retain the individual patient,
 2348  recommend involuntary outpatient placement.
 2349         1. The recommendation must be supported by the opinion of a
 2350  psychiatrist and the second opinion of a clinical psychologist
 2351  or another psychiatrist, both of whom have personally examined
 2352  the individual patient within the preceding 72 hours, that the
 2353  criteria for involuntary outpatient placement are met. However,
 2354  in a county having a population of fewer than 50,000, if the
 2355  administrator certifies that a psychiatrist or clinical
 2356  psychologist is not available to provide the second opinion, the
 2357  second opinion may be provided by a licensed physician who has
 2358  postgraduate training and experience in diagnosis and treatment
 2359  of mental and nervous disorders or by a psychiatric nurse. Any
 2360  second opinion authorized in this subparagraph may be conducted
 2361  through a face-to-face examination, in person or by electronic
 2362  means. Such recommendation must be entered on an involuntary
 2363  outpatient placement certificate, and the certificate must be
 2364  made a part of the patient’s clinical record.
 2365         (c)1. The administrator of the treatment facility shall
 2366  provide a copy of the involuntary outpatient placement
 2367  certificate and a copy of the state mental health discharge form
 2368  to a department representative in the county where the
 2369  individual patient will be residing. For persons who are leaving
 2370  a state mental health treatment facility, the petition for
 2371  involuntary outpatient placement must be filed in the county
 2372  where the patient will be residing.
 2373         2. The service provider that will have primary
 2374  responsibility for service provision shall be identified by the
 2375  designated department representative prior to the order for
 2376  involuntary outpatient placement and shall must, before prior to
 2377  filing a petition for involuntary outpatient placement, certify
 2378  to the court whether the services recommended in the
 2379  individual’s patient’s discharge plan are available in the local
 2380  community and whether the service provider agrees to provide
 2381  those services. The service provider shall must develop with the
 2382  individual patient, or the individual’s patient’s guardian
 2383  advocate, if one is appointed, a treatment or service plan that
 2384  addresses the needs identified in the discharge plan. The plan
 2385  must be deemed to be clinically appropriate by a physician,
 2386  clinical psychologist, psychiatric nurse, mental health
 2387  counselor, marriage and family therapist, or clinical social
 2388  worker, as defined in this chapter, who consults with, or is
 2389  employed or contracted by, the service provider.
 2390         3. If the service provider certifies that the services in
 2391  the proposed treatment or service plan are not available, the
 2392  petitioner may not file the petition.
 2393         (3) PETITION FOR INVOLUNTARY OUTPATIENT PLACEMENT.—
 2394         (a) A petition for involuntary outpatient placement may be
 2395  filed by:
 2396         1. The administrator of a receiving facility; or
 2397         2. The administrator of a treatment facility.
 2398         (b) Each required criterion for involuntary outpatient
 2399  placement must be alleged and substantiated in the petition for
 2400  involuntary outpatient placement. A copy of the certificate
 2401  recommending involuntary outpatient placement completed by a
 2402  qualified professional specified in subsection (2) must be
 2403  attached to the petition. A copy of the proposed treatment plan
 2404  must be attached to the petition. Before the petition is filed,
 2405  the service provider shall certify that the services in the
 2406  proposed treatment plan are available. If the necessary services
 2407  are not available in the patient’s local community where the
 2408  individual will reside to respond to the person’s individual
 2409  needs, the petition may not be filed.
 2410         (c) A The petition for involuntary outpatient placement
 2411  must be filed in the county where the individual who is the
 2412  subject of the petition patient is located, unless the
 2413  individual the patient is being placed from a state treatment
 2414  facility, in which case the petition must be filed in the county
 2415  where the individual patient will reside. When the petition is
 2416  has been filed, the clerk of the court shall provide copies of
 2417  the petition and the proposed treatment plan to the department,
 2418  the individual patient, the individual’s patient’s guardian or
 2419  representative, the state attorney, and the public defender or
 2420  the patient’s private counsel representing the individual. A fee
 2421  may not be charged for filing a petition under this subsection.
 2422         (4) APPOINTMENT OF COUNSEL.—Within 1 court working day
 2423  after the filing of a petition for involuntary outpatient
 2424  placement, the court shall appoint a the public defender to
 2425  represent the individual person who is the subject of the
 2426  petition, unless the individual person is otherwise represented
 2427  by counsel. The clerk of the court shall immediately notify the
 2428  public defender of the appointment. The public defender shall
 2429  represent the individual person until the petition is dismissed,
 2430  the court order expires, or the individual patient is discharged
 2431  from involuntary outpatient placement. An attorney who
 2432  represents the individual patient shall have access to the
 2433  individual patient, witnesses, and records relevant to the
 2434  presentation of the individual’s patient’s case and shall
 2435  represent the interests of the individual patient, regardless of
 2436  the source of payment to the attorney.
 2437         (5) CONTINUANCE OF HEARING.—The patient is entitled, with
 2438  the concurrence of the patient’s counsel, to at least one
 2439  continuance of the hearing. The continuance shall be for a
 2440  period of up to 4 weeks.
 2441         (5)(6) HEARING ON INVOLUNTARY OUTPATIENT PLACEMENT.—
 2442         (a)1. The court shall hold the hearing on involuntary
 2443  outpatient placement within 5 working days after the filing of
 2444  the petition, unless a continuance is granted. The hearing shall
 2445  be held in the county where the petition is filed, shall be as
 2446  convenient to the individual who is the subject of the petition
 2447  patient as is consistent with orderly procedure, and shall be
 2448  conducted in physical settings not likely to be injurious to the
 2449  individual’s patient’s condition. If the court finds that the
 2450  individual’s patient’s attendance at the hearing is not
 2451  consistent with the individual’s best interests, of the patient
 2452  and if the individual’s patient’s counsel does not object, the
 2453  court may waive the presence of the individual patient from all
 2454  or any portion of the hearing. The state attorney for the
 2455  circuit in which the individual patient is located shall
 2456  represent the state, rather than the petitioner, as the real
 2457  party in interest in the proceeding.
 2458         (b)2. The court may appoint a magistrate master to preside
 2459  at the hearing. One of the professionals who executed the
 2460  involuntary outpatient placement certificate shall be a witness.
 2461  The individual who is the subject of the petition patient and
 2462  his or her the patient’s guardian or representative shall be
 2463  informed by the court of the right to an independent expert
 2464  examination. If the individual patient cannot afford such an
 2465  examination, the court shall provide for one. The independent
 2466  expert’s report is shall be confidential and not discoverable,
 2467  unless the expert is to be called as a witness for the
 2468  individual patient at the hearing. The court shall allow
 2469  testimony from persons individuals, including family members,
 2470  deemed by the court to be relevant under state law, regarding
 2471  the individual’s person’s prior history and how that prior
 2472  history relates to the individual’s person’s current condition.
 2473  The testimony in the hearing must be given under oath, and the
 2474  proceedings must be recorded. The individual patient may refuse
 2475  to testify at the hearing.
 2476         (c)At the hearing on involuntary outpatient placement, the
 2477  court shall consider testimony and evidence regarding the
 2478  competence of the individual being held to consent to treatment.
 2479  If the court finds that the individual is incompetent to
 2480  consent, it shall appoint a guardian advocate as provided in s.
 2481  394.4598.
 2482         (d)The individual who is the subject of the petition is
 2483  entitled to at least one continuance of the hearing for up to 4
 2484  weeks, at the individual's request.
 2485         (e) The attorney representing the individual may not
 2486  request a continuance of the hearing unless this is the
 2487  individual's expressed desire.
 2488         (6)COURT ORDER.—
 2489         (a)(b)1. If the court concludes that the individual who is
 2490  the subject of the petition patient meets the criteria for
 2491  involuntary outpatient placement under pursuant to subsection
 2492  (1), the court shall issue an order for involuntary outpatient
 2493  placement. The court order may shall be for a period of up to 6
 2494  months. The order must specify the nature and extent of the
 2495  individual’s patient’s mental illness. The court order of the
 2496  court and the treatment plan must shall be made part of the
 2497  patient’s clinical record. The service provider shall discharge
 2498  an individual a patient from involuntary outpatient placement
 2499  when the order expires or any time the individual patient no
 2500  longer meets the criteria for involuntary placement. Upon
 2501  discharge, the service provider shall send a certificate of
 2502  discharge to the court.
 2503         (b)2. The court may not order the department or the service
 2504  provider to provide services if the program or service is not
 2505  available in the patient’s local community of the individual
 2506  being served, if there is no space available in the program or
 2507  service for the individual patient, or if funding is not
 2508  available for the program or service. A copy of the order must
 2509  be sent to the Agency for Health Care Administration by the
 2510  service provider within 1 working day after it is received from
 2511  the court. After the placement order is issued, the service
 2512  provider and the individual patient may modify provisions of the
 2513  treatment plan. For any material modification of the treatment
 2514  plan to which the individual patient or the individual’s
 2515  patient’s guardian advocate, if appointed, agrees does agree,
 2516  the service provider shall send notice of the modification to
 2517  the court. Any material modifications of the treatment plan
 2518  which are contested by the individual patient or the
 2519  individual’s patient’s guardian advocate, if appointed, must be
 2520  approved or disapproved by the court consistent with the
 2521  requirements of subsection (2).
 2522         (c)3. If, in the clinical judgment of a physician, the
 2523  individual being served patient has failed or has refused to
 2524  comply with the treatment ordered by the court, and, in the
 2525  clinical judgment of the physician, efforts were made to solicit
 2526  compliance and the individual patient may meet the criteria for
 2527  involuntary examination, the individual a person may be brought
 2528  to a receiving facility pursuant to s. 394.463 for involuntary
 2529  examination. If, after examination, the individual patient does
 2530  not meet the criteria for involuntary inpatient placement under
 2531  pursuant to s. 394.467, the individual patient must be
 2532  discharged from the receiving facility. The involuntary
 2533  outpatient placement order remains shall remain in effect unless
 2534  the service provider determines that the individual patient no
 2535  longer meets the criteria for involuntary outpatient placement
 2536  or until the order expires. The service provider shall must
 2537  determine whether modifications should be made to the existing
 2538  treatment plan and must continue to attempt to continue to
 2539  engage the individual patient in treatment. For any material
 2540  modification of the treatment plan to which the individual
 2541  patient or the individual’s patient’s guardian advocate, if
 2542  appointed, agrees does agree, the service provider shall send
 2543  notice of the modification to the court. Any material
 2544  modifications of the treatment plan which are contested by the
 2545  individual patient or the individual’s patient’s guardian
 2546  advocate, if appointed, must be approved or disapproved by the
 2547  court consistent with the requirements of subsection (2).
 2548         (d)(c) If, at any time before the conclusion of the initial
 2549  hearing on involuntary outpatient placement, it appears to the
 2550  court that the individual person does not meet the criteria for
 2551  involuntary outpatient placement under this section but,
 2552  instead, meets the criteria for involuntary inpatient placement,
 2553  the court may order the individual person admitted for
 2554  involuntary inpatient examination under s. 394.463. If the
 2555  individual person instead meets the criteria for involuntary
 2556  assessment, protective custody, or involuntary admission under
 2557  pursuant to s. 397.675, the court may order the individual
 2558  person to be admitted for involuntary assessment for a period of
 2559  5 days pursuant to s. 397.6811. Thereafter, all proceedings are
 2560  shall be governed by chapter 397.
 2561         (d) At the hearing on involuntary outpatient placement, the
 2562  court shall consider testimony and evidence regarding the
 2563  patient’s competence to consent to treatment. If the court finds
 2564  that the patient is incompetent to consent to treatment, it
 2565  shall appoint a guardian advocate as provided in s. 394.4598.
 2566  The guardian advocate shall be appointed or discharged in
 2567  accordance with s. 394.4598.
 2568         (e) The administrator of the receiving facility or the
 2569  designated department representative shall provide a copy of the
 2570  court order and adequate documentation of an individual’s a
 2571  patient’s mental illness to the service provider for involuntary
 2572  outpatient placement. Such documentation must include any
 2573  advance directives made by the individual patient, a psychiatric
 2574  evaluation of the individual patient, and any evaluations of the
 2575  individual patient performed by a clinical psychologist or a
 2576  clinical social worker.
 2577         (7) PROCEDURE FOR CONTINUED INVOLUNTARY OUTPATIENT
 2578  PLACEMENT.—
 2579         (a)1. If an individual the person continues to meet the
 2580  criteria for involuntary outpatient placement, the service
 2581  provider shall, before the expiration of the period during which
 2582  the placement treatment is ordered for the person, file in the
 2583  circuit court a petition for continued involuntary outpatient
 2584  placement.
 2585         1.2. The existing involuntary outpatient placement order
 2586  remains in effect until disposition of on the petition for
 2587  continued involuntary outpatient placement.
 2588         2.3. A certificate must shall be attached to the petition
 2589  which includes a statement from the individual’s person’s
 2590  physician or clinical psychologist justifying the request, a
 2591  brief description of the individual’s patient’s treatment during
 2592  the time he or she was involuntarily placed, and a personalized
 2593  an individualized plan of continued treatment.
 2594         3.4. The service provider shall develop the individualized
 2595  plan of continued treatment in consultation with the individual
 2596  patient or his or her the patient’s guardian advocate, if
 2597  appointed. When the petition has been filed, the clerk of the
 2598  court shall provide copies of the certificate and the
 2599  individualized plan of continued treatment to the department,
 2600  the individual patient, the individual’s patient’s guardian
 2601  advocate, the state attorney, and the individual’s patient’s
 2602  private counsel or the public defender.
 2603         (b) Within 1 court working day after the filing of a
 2604  petition for continued involuntary outpatient placement, the
 2605  court shall appoint the public defender to represent the
 2606  individual person who is the subject of the petition, unless the
 2607  individual person is otherwise represented by counsel. The clerk
 2608  of the court shall immediately notify the public defender of
 2609  such appointment. The public defender shall represent the
 2610  individual person until the petition is dismissed, or the court
 2611  order expires, or the individual patient is discharged from
 2612  involuntary outpatient placement. An Any attorney representing
 2613  the individual must patient shall have access to the individual
 2614  patient, witnesses, and records relevant to the presentation of
 2615  the individual’s patient’s case and shall represent the
 2616  interests of the individual patient, regardless of the source of
 2617  payment to the attorney.
 2618         (c)The court shall inform the individual who is the
 2619  subject of the petition and his or her guardian, guardian
 2620  advocate, or representative of the individual’s right to an
 2621  independent expert examination. If the individual cannot afford
 2622  such an examination, the court shall provide one.
 2623         (d)(c) Hearings on petitions for continued involuntary
 2624  outpatient placement are shall be before the circuit court. The
 2625  court may appoint a magistrate master to preside at the hearing.
 2626  The procedures for obtaining an order pursuant to this paragraph
 2627  must shall be in accordance with subsection (5) (6), except that
 2628  the time period included in paragraph (1)(e) is not applicable
 2629  for in determining the appropriateness of additional periods of
 2630  involuntary outpatient placement.
 2631         (e)(d) Notice of the hearing shall be provided in
 2632  accordance with as set forth in s. 394.4599. The individual
 2633  being served patient and the individual’s patient’s attorney may
 2634  agree to a period of continued outpatient placement without a
 2635  court hearing.
 2636         (f)(e) The same procedure must shall be repeated before the
 2637  expiration of each additional period the individual being served
 2638  patient is placed in treatment.
 2639         (g)(f) If the individual in involuntary outpatient
 2640  placement patient has previously been found incompetent to
 2641  consent to treatment, the court shall consider testimony and
 2642  evidence regarding the individual’s patient’s competence.
 2643  Section 394.4598 governs the discharge of the guardian advocate
 2644  if the individual’s patient’s competency to consent to treatment
 2645  has been restored.
 2646         Section 21. Section 394.467, Florida Statutes, is amended
 2647  to read:
 2648         394.467 Involuntary inpatient placement.—
 2649         (1) CRITERIA.—An individual A person may be placed in
 2650  involuntary inpatient placement for treatment upon a finding of
 2651  the court by clear and convincing evidence that:
 2652         (a) He or she has a mental illness is mentally ill and
 2653  because of his or her mental illness:
 2654         1.a. He or she has refused voluntary placement for
 2655  treatment after sufficient and conscientious explanation and
 2656  disclosure of the purpose of placement for treatment; or
 2657         b. He or she is unable to determine for himself or herself
 2658  whether placement is necessary; and
 2659         2.a. He or she is manifestly incapable of surviving alone
 2660  or with the help of willing and responsible family or friends,
 2661  including available alternative services, and, without
 2662  treatment, is likely to suffer from neglect or refuse to care
 2663  for himself or herself, and such neglect or refusal poses a real
 2664  and present threat of substantial harm to his or her well-being;
 2665  or
 2666         b. There is substantial likelihood that in the near future
 2667  he or she will inflict serious bodily harm on self or others
 2668  himself or herself or another person, as evidenced by recent
 2669  behavior causing, attempting, or threatening such harm; and
 2670         (b) All available less restrictive treatment alternatives
 2671  that which would offer an opportunity for improvement of his or
 2672  her condition have been judged to be inappropriate.
 2673         (2) ADMISSION TO A TREATMENT FACILITY.—An individual A
 2674  patient may be retained by a receiving facility or involuntarily
 2675  placed in a treatment facility upon the recommendation of the
 2676  administrator of the receiving facility where the individual
 2677  patient has been examined and after adherence to the notice and
 2678  hearing procedures provided in s. 394.4599. The recommendation
 2679  must be supported by the opinion of a psychiatrist and the
 2680  second opinion of a clinical psychologist or another
 2681  psychiatrist, both of whom have personally examined the
 2682  individual patient within the preceding 72 hours, that the
 2683  criteria for involuntary inpatient placement are met. However,
 2684  in a county that has a population of fewer than 50,000, if the
 2685  administrator certifies that a psychiatrist or clinical
 2686  psychologist is not available to provide the second opinion, the
 2687  second opinion may be provided by a licensed physician who has
 2688  postgraduate training and experience in diagnosis and treatment
 2689  of mental and nervous disorders or by a psychiatric nurse. Any
 2690  second opinion authorized in this subsection may be conducted
 2691  through a face-to-face examination, in person or by electronic
 2692  means. Such recommendation must shall be entered on an
 2693  involuntary inpatient placement certificate that authorizes the
 2694  receiving facility to retain the individual being held patient
 2695  pending transfer to a treatment facility or completion of a
 2696  hearing.
 2697         (3) PETITION FOR INVOLUNTARY INPATIENT PLACEMENT.—
 2698         (a) The administrator of the facility shall file a petition
 2699  for involuntary inpatient placement in the court in the county
 2700  where the individual patient is located. Upon filing, the clerk
 2701  of the court shall provide copies to the department, the
 2702  individual patient, the individual’s patient’s guardian or
 2703  representative, and the state attorney and public defender of
 2704  the judicial circuit in which the individual patient is located.
 2705  A No fee may not shall be charged for the filing of a petition
 2706  under this subsection.
 2707         (b)A receiving or treatment facility filing a petition for
 2708  involuntary inpatient placement shall send a copy of the
 2709  petition to the Agency for Health Care Administration by the
 2710  next working day.
 2711         (4) APPOINTMENT OF COUNSEL.—
 2712         (a) Within 1 court working day after the filing of a
 2713  petition for involuntary inpatient placement, the court shall
 2714  appoint the public defender to represent the individual person
 2715  who is the subject of the petition, unless the individual person
 2716  is otherwise represented by counsel. The clerk of the court
 2717  shall immediately notify the public defender of such
 2718  appointment. Any attorney representing the individual patient
 2719  shall have access to the individual patient, witnesses, and
 2720  records relevant to the presentation of the individual’s
 2721  patient’s case and shall represent the interests of the
 2722  individual patient, regardless of the source of payment to the
 2723  attorney. An attorney representing an individual in involuntary
 2724  placement proceedings shall represent the individual’s expressed
 2725  desires and must be present and actively participate in all
 2726  hearings on involuntary placement.
 2727         (b)The state attorney for the circuit in which the
 2728  individual is located shall represent the state rather than the
 2729  petitioning facility administrator as the real party in interest
 2730  in the proceeding. The state attorney shall have access to the
 2731  individual’s clinical record and witnesses and shall
 2732  independently evaluate and confirm the allegations set forth in
 2733  the petition for involuntary placement. If the allegations are
 2734  substantiated, the state attorney shall vigorously prosecute the
 2735  petition. If the allegations are not substantiated, the state
 2736  attorney shall withdraw the petition. The state attorney shall
 2737  be present and actively participate in all hearings on
 2738  involuntary placement.
 2739         (5) CONTINUANCE OF HEARING.—The individual patient is
 2740  entitled, with the concurrence of the individual’s patient’s
 2741  counsel, to at least one continuance of the hearing. Requests
 2742  for a continuance from parties other than the individual or his
 2743  or her counsel may not be granted. The continuance shall be for
 2744  a period of up to 4 weeks. At the time the court is considering
 2745  a motion for continuance, the court shall also conduct a hearing
 2746  to consider the capacity of the individual to consent to
 2747  treatment if there is a pending petition for adjudication of
 2748  incompetence to consent to treatment. If the court finds that
 2749  the individual is not competent to consent to treatment, a
 2750  guardian advocate shall be appointed at the time the involuntary
 2751  placement hearing is continued to make mental health decisions
 2752  for the individual.
 2753         (6) HEARING ON INVOLUNTARY INPATIENT PLACEMENT.—
 2754         (a)1. The court shall hold the hearing on involuntary
 2755  inpatient placement within 5 working days after the petition is
 2756  filed, unless a continuance is granted.
 2757         1.Except for good cause documented in the court file, the
 2758  hearing shall be held in the receiving or treatment facility
 2759  county where the individual patient is located. If the hearing
 2760  cannot be held in the receiving or treatment facility, it must
 2761  held in a location and shall be as convenient to the individual
 2762  patient as is may be consistent with orderly procedure and which
 2763  is shall be conducted in physical settings not likely to be
 2764  injurious to the individual’s patient’s condition. If the
 2765  individual wishes to waive his or her court finds that the
 2766  patient’s attendance at the hearing, the court must determine
 2767  that the waiver is knowing, intelligent, and voluntary before
 2768  waiving is not consistent with the best interests of the
 2769  patient, and the patient’s counsel does not object, the court
 2770  may waive the presence of the individual patient from all or any
 2771  portion of the hearing. The state attorney for the circuit in
 2772  which the patient is located shall represent the state, rather
 2773  than the petitioning facility administrator, as the real party
 2774  in interest in the proceeding.
 2775         2. The court may appoint a general or special magistrate to
 2776  preside at the hearing. One of the two professionals who
 2777  executed the involuntary inpatient placement certificate shall
 2778  be a witness. The individual patient and the individual’s
 2779  patient’s guardian or representative shall be informed by the
 2780  court of the right to an independent expert examination. If the
 2781  individual patient cannot afford such an examination, the court
 2782  shall provide for one. The independent expert’s report is shall
 2783  be confidential and not discoverable, unless the expert is to be
 2784  called as a witness for the individual patient at the hearing.
 2785  The testimony in the hearing must be given under oath, and the
 2786  proceedings must be recorded. The individual patient may refuse
 2787  to testify at the hearing.
 2788         3.The court shall allow testimony from persons, including
 2789  family members, deemed by the court to be relevant regarding the
 2790  individual’s prior history and how that prior history relates to
 2791  the individual’s current condition.
 2792         (b) If the court concludes that the individual patient
 2793  meets the criteria for involuntary inpatient placement, it shall
 2794  order that the individual patient be transferred to a treatment
 2795  facility or, if the individual patient is at a treatment
 2796  facility, that the individual patient be retained there or be
 2797  treated at any other appropriate receiving or treatment
 2798  facility, or that the individual patient receive services from a
 2799  receiving or treatment facility, on an involuntary basis, for a
 2800  period of up to 6 months. The order must shall specify the
 2801  nature and extent of the individual’s patient’s mental illness.
 2802  The facility shall discharge the individual a patient any time
 2803  the individual patient no longer meets the criteria for
 2804  involuntary inpatient placement, unless the individual patient
 2805  has transferred to voluntary status.
 2806         (c) If at any time before prior to the conclusion of the
 2807  hearing on involuntary inpatient placement it appears to the
 2808  court that the individual person does not meet the criteria for
 2809  involuntary inpatient placement under this section, but instead
 2810  meets the criteria for involuntary outpatient placement, the
 2811  court may order the individual person evaluated for involuntary
 2812  outpatient placement pursuant to s. 394.4655. The petition and
 2813  hearing procedures set forth in s. 394.4655 shall apply. If the
 2814  individual person instead meets the criteria for involuntary
 2815  assessment, protective custody, or involuntary admission
 2816  pursuant to s. 397.675, then the court may order the individual
 2817  person to be admitted for involuntary assessment for up to a
 2818  period of 5 days pursuant to s. 397.6811. Thereafter, all
 2819  proceedings are shall be governed by chapter 397.
 2820         (d) At the hearing on involuntary inpatient placement, the
 2821  court shall consider testimony and evidence regarding the
 2822  individual’s patient’s competence to consent to treatment. If
 2823  the court finds that the individual patient is incompetent to
 2824  consent to treatment, it shall appoint a guardian advocate as
 2825  provided in s. 394.4598.
 2826         (e) The administrator of the receiving facility shall
 2827  provide a copy of the court order and adequate documentation of
 2828  an individual’s a patient’s mental illness to the administrator
 2829  of a treatment facility if the individual whenever a patient is
 2830  ordered for involuntary inpatient placement, whether by civil or
 2831  criminal court. The documentation must shall include any advance
 2832  directives made by the individual patient, a psychiatric
 2833  evaluation of the individual patient, and any evaluations of the
 2834  individual patient performed by a clinical psychologist, a
 2835  marriage and family therapist, a mental health counselor, or a
 2836  clinical social worker. The administrator of a treatment
 2837  facility may refuse admission to an individual any patient
 2838  directed to its facilities on an involuntary basis, whether by
 2839  civil or criminal court order, who is not accompanied at the
 2840  same time by adequate orders and documentation.
 2841         (7) PROCEDURE FOR CONTINUED INVOLUNTARY INPATIENT
 2842  PLACEMENT.—
 2843         (a) Hearings on petitions for continued involuntary
 2844  inpatient placement shall be administrative hearings and shall
 2845  be conducted in accordance with the provisions of s. 120.57(1),
 2846  except that an any order entered by an the administrative law
 2847  judge is shall be final and subject to judicial review in
 2848  accordance with s. 120.68. Orders concerning an individual
 2849  patients committed after successfully pleading not guilty by
 2850  reason of insanity are shall be governed by the provisions of s.
 2851  916.15.
 2852         (b) If the individual patient continues to meet the
 2853  criteria for involuntary inpatient placement, the administrator
 2854  shall, before prior to the expiration of the period during which
 2855  the treatment facility is authorized to retain the individual
 2856  patient, file a petition requesting authorization for continued
 2857  involuntary inpatient placement. The request must shall be
 2858  accompanied by a statement from the individual’s patient’s
 2859  physician or clinical psychologist justifying the request, a
 2860  brief description of the individual’s patient’s treatment during
 2861  the time he or she was involuntarily placed, and a personalized
 2862  an individualized plan of continued treatment. Notice of the
 2863  hearing must shall be provided in accordance with as set forth
 2864  in s. 394.4599. If at the hearing the administrative law judge
 2865  finds that attendance at the hearing is not consistent with the
 2866  individual’s best interests of the patient, the administrative
 2867  law judge may waive the presence of the individual patient from
 2868  all or any portion of the hearing, unless the individual
 2869  patient, through counsel, objects to the waiver of presence. The
 2870  testimony in the hearing must be under oath, and the proceedings
 2871  must be recorded.
 2872         (c) Unless the individual patient is otherwise represented
 2873  or is ineligible, he or she shall be represented at the hearing
 2874  on the petition for continued involuntary inpatient placement by
 2875  the public defender of the circuit in which the facility is
 2876  located.
 2877         (d)The Division of Administrative Hearings shall inform
 2878  the individual and his or her guardian, guardian advocate, or
 2879  representative of the right to an independent expert
 2880  examination. If the individual cannot afford such an
 2881  examination, the administrative law judge shall appoint one and
 2882  the county of the individual’s residence shall be billed for the
 2883  cost of the examination.
 2884         (e)(d) If at a hearing it is shown that the individual
 2885  patient continues to meet the criteria for involuntary inpatient
 2886  placement, the administrative law judge shall sign the order for
 2887  continued involuntary inpatient placement for a period of up to
 2888  not to exceed 6 months. The same procedure must shall be
 2889  repeated before prior to the expiration of each additional
 2890  period the individual patient is retained.
 2891         (f)(e) If continued involuntary inpatient placement is
 2892  necessary for an individual a patient admitted while serving a
 2893  criminal sentence, but whose sentence is about to expire, or for
 2894  a minor patient involuntarily placed while a minor but who is
 2895  about to reach the age of 18, the administrator shall petition
 2896  the administrative law judge for an order authorizing continued
 2897  involuntary inpatient placement.
 2898         (g)(f) If the individual patient has been previously found
 2899  incompetent to consent to treatment, the administrative law
 2900  judge shall consider testimony and evidence regarding the
 2901  individual’s patient’s competence. If the administrative law
 2902  judge finds evidence that the individual patient is now
 2903  competent to consent to treatment, the administrative law judge
 2904  may issue a recommended order to the court that found the
 2905  individual patient incompetent to consent to treatment that the
 2906  individual’s patient’s competence be restored and that any
 2907  guardian advocate previously appointed be discharged.
 2908         (8) RETURN TO FACILITY OF PATIENTS.—If an individual held
 2909  When a patient at a treatment facility leaves the facility
 2910  without authorization, the administrator may authorize a search
 2911  for, the patient and the return of, the individual patient to
 2912  the facility. The administrator may request the assistance of a
 2913  law enforcement agency in the search for and return of the
 2914  patient.
 2915         Section 22. Section 394.46715, Florida Statutes, is amended
 2916  to read:
 2917         394.46715 Rulemaking authority.—The department may adopt
 2918  rules to administer of Children and Family Services shall have
 2919  rulemaking authority to implement the provisions of ss. 394.455,
 2920  394.4598, 394.4615, 394.463, 394.4655, and 394.467 as amended or
 2921  created by this act. These rules are shall be for the purpose of
 2922  protecting the health, safety, and well-being of individuals
 2923  persons examined, treated, or placed under this part act.
 2924         Section 23. Section 394.4672, Florida Statutes, is amended
 2925  to read:
 2926         394.4672 Procedure for placement of veteran with federal
 2927  agency.—
 2928         (1) If a Whenever it is determined by the court determines
 2929  that an individual a person meets the criteria for involuntary
 2930  placement and he or she it appears that such person is eligible
 2931  for care or treatment by the United States Department of
 2932  Veterans Affairs or other agency of the United States
 2933  Government, the court, upon receipt of a certificate from the
 2934  United States Department of Veterans Affairs or such other
 2935  agency showing that facilities are available and that the
 2936  individual person is eligible for care or treatment therein, may
 2937  place that individual person with the United States Department
 2938  of Veterans Affairs or other federal agency. The individual
 2939  person whose placement is sought shall be personally served with
 2940  notice of the pending placement proceeding in the manner as
 2941  provided in this part., and nothing in This section does not
 2942  shall affect the individual’s his or her right to appear and be
 2943  heard in the proceeding. Upon placement, the individual is
 2944  person shall be subject to the rules and regulations of the
 2945  United States Department of Veterans Affairs or other federal
 2946  agency.
 2947         (2) The judgment or order of placement issued by a court of
 2948  competent jurisdiction of another state or of the District of
 2949  Columbia which places an individual, placing a person with the
 2950  United States Department of Veterans Affairs or other federal
 2951  agency for care or treatment has, shall have the same force and
 2952  effect in this state as in the jurisdiction of the court
 2953  entering the judgment or making the order.; and The courts of
 2954  the placing state or of the District of Columbia shall retain be
 2955  deemed to have retained jurisdiction over of the individual
 2956  person so placed. Consent is hereby given to the application of
 2957  the law of the placing state or district with respect to the
 2958  authority of the chief officer of any facility of the United
 2959  States Department of Veterans Affairs or other federal agency
 2960  operated in this state to retain custody or to transfer, parole,
 2961  or discharge the individual person.
 2962         (3) Upon receipt of a certificate of the United States
 2963  Department of Veterans Affairs or another such other federal
 2964  agency that facilities are available for the care or treatment
 2965  individuals who have mental illness of mentally ill persons and
 2966  that the individual person is eligible for that care or
 2967  treatment, the administrator of the receiving or treatment
 2968  facility may cause the transfer of that individual person to the
 2969  United States Department of Veterans Affairs or other federal
 2970  agency. Upon effecting such transfer, the committing court shall
 2971  be notified by the transferring agency. An individual may not No
 2972  person shall be transferred to the United States Department of
 2973  Veterans Affairs or other federal agency if he or she is
 2974  confined pursuant to the conviction of any felony or misdemeanor
 2975  or if he or she has been acquitted of the charge solely on the
 2976  ground of insanity, unless prior to transfer the court placing
 2977  the individual such person enters an order for the transfer
 2978  after appropriate motion and hearing and without objection by
 2979  the United States Department of Veterans Affairs.
 2980         (4) An individual Any person transferred as provided in
 2981  this section shall be deemed to be placed with the United States
 2982  Department of Veterans Affairs or other federal agency pursuant
 2983  to the original placement.
 2984         Section 24. Section 394.4674, Florida Statutes, is
 2985  repealed.
 2986         Section 25. Section 394.4685, Florida Statutes, is amended
 2987  to read:
 2988         394.4685 Transfer between of patients among facilities.—
 2989         (1) TRANSFER BETWEEN PUBLIC FACILITIES.—
 2990         (a) An individual A patient who has been admitted to a
 2991  public receiving facility, or his or her the family member,
 2992  guardian, or guardian advocate of such patient, may request the
 2993  transfer of the individual patient to another public receiving
 2994  facility. An individual A patient who has been admitted to a
 2995  public treatment facility, or his or her the family member,
 2996  guardian, or guardian advocate of such patient, may request the
 2997  transfer of the individual patient to another public treatment
 2998  facility. Depending on the medical treatment or mental health
 2999  treatment needs of the individual patient and the availability
 3000  of appropriate facility resources, the individual patient may be
 3001  transferred at the discretion of the department. If the
 3002  department approves the transfer of an individual on involuntary
 3003  status patient, notice in accordance with according to the
 3004  provisions of s. 394.4599 must shall be given before prior to
 3005  the transfer by the transferring facility. The department shall
 3006  respond to the request for transfer within 2 working days after
 3007  receipt of the request by the facility administrator.
 3008         (b) If When required by the medical treatment or mental
 3009  health treatment needs of the individual patient or the
 3010  efficient use utilization of a public receiving or public
 3011  treatment facility, an individual a patient may be transferred
 3012  from one receiving facility to another, or one treatment
 3013  facility to another, at the department’s discretion, or, with
 3014  the express and informed consent of the individual patient or
 3015  the individual’s patient’s guardian or guardian advocate, to a
 3016  facility in another state. Notice in accordance with according
 3017  to the provisions of s. 394.4599 must shall be given before
 3018  prior to the transfer by the transferring facility. If prior
 3019  notice is not possible, notice of the transfer must shall be
 3020  provided as soon as practicable after the transfer.
 3021         (2) TRANSFER FROM PUBLIC TO PRIVATE FACILITIES.—
 3022         (a)An individual A patient who has been admitted to a
 3023  public receiving or public treatment facility and has requested,
 3024  either personally or through his or her guardian or guardian
 3025  advocate, and is able to pay for treatment in a private facility
 3026  shall be transferred at the individual’s patient’s expense to a
 3027  private facility upon acceptance of the individual patient by
 3028  the private facility.
 3029         (b)A public facility may request the transfer of an
 3030  individual from the facility to a private facility, and the
 3031  individual may be transferred upon acceptance of the individual
 3032  by the private facility.
 3033         (3) TRANSFER FROM PRIVATE TO PUBLIC FACILITIES.—
 3034         (a) An individual A patient or his or her the patient’s
 3035  guardian or guardian advocate may request the transfer of the
 3036  individual patient from a private to a public facility, and the
 3037  individual patient may be so transferred upon acceptance of the
 3038  individual patient by the public facility.
 3039         (b) A private facility may request the transfer of an
 3040  individual a patient from the facility to a public facility, and
 3041  the individual patient may be so transferred upon acceptance of
 3042  the individual patient by the public facility. The cost of such
 3043  transfer is shall be the responsibility of the transferring
 3044  facility.
 3045         (c) A public facility must respond to a request for the
 3046  transfer of an individual a patient within 2 working days after
 3047  receipt of the request.
 3048         (4) TRANSFER BETWEEN PRIVATE FACILITIES.—An individual
 3049  being held A patient in a private facility or his or her the
 3050  patient’s guardian or guardian advocate may request the transfer
 3051  of the individual patient to another private facility at any
 3052  time, and the individual patient shall be transferred upon
 3053  acceptance of the individual patient by the facility to which
 3054  transfer is sought.
 3055         Section 26. Section 394.469, Florida Statutes, is amended
 3056  to read:
 3057         394.469 Discharge of involuntary placements patients.—
 3058         (1) POWER TO DISCHARGE.—At any time an individual a patient
 3059  is found to no longer meet the criteria for involuntary
 3060  placement, the administrator shall:
 3061         (a) Discharge the individual patient, unless the patient is
 3062  under a criminal charge, in which case the patient shall be
 3063  transferred to the custody of the appropriate law enforcement
 3064  officer;
 3065         (b) Transfer the individual patient to voluntary status on
 3066  his or her own authority or at the individual’s patient’s
 3067  request, unless the individual patient is under criminal charge
 3068  or adjudicated incapacitated; or
 3069         (c) Return an individual released from a receiving or
 3070  treatment facility on voluntary or involuntary status who is
 3071  charged with a crime to the custody of a law enforcement officer
 3072  Place an improved patient, except a patient under a criminal
 3073  charge, on convalescent status in the care of a community
 3074  facility.
 3075         (2) NOTICE.—Notice of discharge or transfer of an
 3076  individual must be provided in accordance with a patient shall
 3077  be given as provided in s. 394.4599.
 3078         Section 27. Section 394.473, Florida Statutes, is amended
 3079  to read:
 3080         394.473 Attorney’s fee; expert witness fee.—
 3081         (1) In the case of an indigent person for whom An attorney
 3082  is appointed to represent an indigent individual pursuant to the
 3083  provisions of this part, the attorney shall be compensated by
 3084  the state pursuant to s. 27.5304. In the case of an indigent
 3085  person, the court may appoint a public defender. A The public
 3086  defender appointed to represent an indigent person may shall
 3087  receive no additional compensation other than that usually paid
 3088  his or her office.
 3089         (2) An In the case of an indigent person for whom expert
 3090  whose testimony is required for an indigent individual in a
 3091  court hearing pursuant to the provisions of this part act, the
 3092  expert, except one who is classified as a full-time employee of
 3093  the state or who is receiving remuneration from the state for
 3094  his or her time in attendance at the hearing, shall be
 3095  compensated by the state pursuant to s. 27.5304.
 3096         Section 28. Section 394.475, Florida Statutes, is amended
 3097  to read:
 3098         394.475 Acceptance, examination, and involuntary placement
 3099  of Florida residents from out-of-state mental health
 3100  authorities.—
 3101         (1) Upon the request of the state mental health authority
 3102  of another state, the department may is authorized to accept an
 3103  individual as a patient, for up to a period of not more than 15
 3104  days, a person who is and has been a bona fide resident of this
 3105  state for at least a period of not less than 1 year.
 3106         (2) An individual Any person received pursuant to
 3107  subsection (1) shall be examined by the staff of the state
 3108  facility where the individual such patient has been admitted
 3109  accepted, which examination shall be completed during the 15-day
 3110  period.
 3111         (3) If, upon examination, the individual such a person
 3112  requires continued involuntary placement, a petition for a
 3113  hearing regarding involuntary placement shall be filed with the
 3114  court of the county where wherein the treatment facility
 3115  receiving the individual patient is located or the county where
 3116  the individual patient is a resident.
 3117         (4) During the pendency of the examination period and the
 3118  pendency of the involuntary placement proceedings, an individual
 3119  such person may continue to be held in the treatment facility
 3120  unless the court having jurisdiction enters an order to the
 3121  contrary.
 3122         Section 29. Section 394.4785, Florida Statutes, is amended
 3123  to read:
 3124         394.4785 Children and adolescents; admission and placement
 3125  in mental health facilities.—
 3126         (1) A child or adolescent as defined in s. 394.492 may not
 3127  be admitted to a state-owned or state-operated mental health
 3128  treatment facility. A child may be admitted pursuant to s.
 3129  394.4625 or s. 394.467 to a crisis stabilization unit or a
 3130  residential treatment center licensed under this chapter or a
 3131  hospital licensed under chapter 395. The treatment center, unit,
 3132  or hospital must provide the least restrictive available
 3133  treatment that is appropriate to the individual needs of the
 3134  child or adolescent and must adhere to the guiding principles,
 3135  system of care, and service planning provisions of contained in
 3136  part III of this chapter.
 3137         (2) A child or adolescent, as defined in s. 394.492, who is
 3138  younger than person under the age of 14 years of age and who is
 3139  admitted to a any hospital licensed pursuant to chapter 395 may
 3140  not be admitted to a bed in a room or ward with an adult patient
 3141  in a mental health unit or share common areas with an adult
 3142  patient in a mental health unit. However, an adolescent a person
 3143  14 years of age or older may be admitted to a bed in a room or
 3144  ward in the mental health unit with an adult if the admitting
 3145  physician documents in the case record that such placement is
 3146  medically indicated or for reasons of safety. Such placement
 3147  shall be reviewed by the attending physician or a designee or
 3148  on-call physician each day and documented in the clinical case
 3149  record.
 3150         Section 30. Subsection (2) of section 394.4786, Florida
 3151  Statutes, is amended to read:
 3152         394.4786 Intent.—
 3153         (2) Further, the Legislature intends that a specialty
 3154  psychiatric hospital that provides health care to specified
 3155  indigent individuals patients be eligible for reimbursement up
 3156  to the amount that hospital contributed to the Public Medical
 3157  Assistance Trust Fund in the previous fiscal year.
 3158         Section 31. Subsection (2) of section 394.47865, Florida
 3159  Statutes, is amended to read:
 3160         394.47865 South Florida State Hospital; privatization.—
 3161         (2) The contractor shall operate South Florida State
 3162  Hospital as a mental health treatment facility that serves
 3163  voluntarily and involuntarily committed indigent adult
 3164  individuals adults who meet the criteria of this part I of this
 3165  chapter and who reside in the South Florida State Hospital
 3166  service area.
 3167         (a) South Florida State Hospital shall remain a participant
 3168  in the mental health disproportionate share program so long as
 3169  such individuals the residents receive eligible services.
 3170         (b) The department and the contractor shall ensure that the
 3171  treatment facility is operated as a part of a total continuum of
 3172  care for individuals persons who are mentally ill. The
 3173  contractor shall have as its primary goal for the treatment
 3174  facility to effectively treat and assist individuals held at the
 3175  facility residents to return to the community as quickly as
 3176  possible.
 3177         Section 32. Section 394.4787, Florida Statutes, is amended
 3178  to read:
 3179         394.4787 Definitions; ss. 394.4786, 394.4787, 394.4788, and
 3180  394.4789.—As used in sections 394.4786-394.4789, the term this
 3181  section and ss. 394.4786, 394.4788, and 394.4789:
 3182         (1) “Acute mental health services” means mental health
 3183  services provided through inpatient hospitalization.
 3184         (2) “Agency” means the Agency for Health Care
 3185  Administration.
 3186         (3) “Charity care” means that portion of hospital charges
 3187  for care provided to an individual a patient whose family income
 3188  for the 12 months preceding the determination is equal to or
 3189  below 150 percent of the current federal nonfarm poverty
 3190  guideline or the amount of hospital charges due from the
 3191  individual patient which exceeds 25 percent of the annual family
 3192  income and for which there is no compensation. Charity care does
 3193  shall not include administrative or courtesy discounts,
 3194  contractual allowances to third party payors, or failure of a
 3195  hospital to collect full charges due to partial payment by
 3196  governmental programs.
 3197         (4) “Indigent” means an individual whose financial status
 3198  would qualify him or her for charity care.
 3199         (5) “Operating expense” means all common and accepted costs
 3200  appropriate in developing and maintaining the operating of the
 3201  patient care facility and its activities.
 3202         (6) “PMATF” means the Public Medical Assistance Trust Fund.
 3203         (7) “Specialty psychiatric hospital” has the same meaning
 3204  as in means a hospital licensed by the agency pursuant to s.
 3205  395.002(28), and includes facilities licensed under and part II
 3206  of chapter 408 as a specialty psychiatric hospital.
 3207         Section 33. Subsections (1), (2), and (6) of section
 3208  394.4788, Florida Statutes, are amended to read:
 3209         394.4788 Use of certain PMATF funds for the purchase of
 3210  acute care mental health services.—
 3211         (1) A hospital may be eligible to be reimbursed an amount
 3212  no greater than the hospital’s previous year contribution to the
 3213  PMATF for acute mental health services provided to indigent
 3214  mentally ill individuals persons who have been determined by the
 3215  agency or its agent to require such treatment and who:
 3216         (a) Do not meet Medicaid eligibility criteria, unless the
 3217  agency makes a referral for a Medicaid eligible individual
 3218  patient pursuant to s. 394.4789;
 3219         (b) Meet the criteria for mental illness under this part;
 3220  and
 3221         (c) Meet the definition of charity care.
 3222         (2) The agency shall annually calculate a per diem
 3223  reimbursement rate for each specialty psychiatric hospital to be
 3224  paid to the specialty psychiatric hospitals for the provision of
 3225  acute mental health services provided to indigent mentally ill
 3226  individuals patients who meet the criteria in subsection (1).
 3227  After the first rate period, providers shall be notified of new
 3228  reimbursement rates for each new state fiscal year by June 1.
 3229  The new reimbursement rates shall commence on July 1.
 3230         (6) Hospitals that agree to participate in the program set
 3231  forth in this section and ss. 394.4786, 394.4787, and 394.4789
 3232  shall agree that payment from the PMATF is payment in full for
 3233  all individuals patients for which reimbursement is received
 3234  under this section and ss. 394.4786, 394.4787, and 394.4789,
 3235  until the funds for this program are no longer available.
 3236         Section 34. Section 394.4789, Florida Statutes, is amended
 3237  to read:
 3238         394.4789 Establishment of referral process and eligibility
 3239  determination.—
 3240         (1) The department shall adopt by rule a referral process
 3241  that provides which shall provide each participating specialty
 3242  psychiatric hospital with a system for accepting into the
 3243  hospital’s care indigent mentally ill individuals persons
 3244  referred by the department. It is the intent of the Legislature
 3245  that a hospital that which seeks payment under s. 394.4788 shall
 3246  accept referrals from the department. However, a hospital may
 3247  shall have the right to refuse the admission of an individual a
 3248  patient due to lack of functional bed space or lack of services
 3249  appropriate to a patient’s specific treatment and is not no
 3250  hospital shall be required to accept referrals if the costs for
 3251  treating the referred patient are no longer reimbursable because
 3252  the hospital has reached the level of contribution made to the
 3253  PMATF in the previous fiscal year. Furthermore, a hospital that
 3254  does not seek compensation for indigent mentally ill patients
 3255  under the provisions of this part is act shall not be obliged to
 3256  accept department referrals, notwithstanding any agreements it
 3257  may have entered into with the department. The right of refusal
 3258  in this subsection does shall not affect a hospital’s
 3259  requirement to provide emergency care pursuant to s. 395.1041 or
 3260  other state or federal law statutory requirements related to the
 3261  provision of emergency care.
 3262         (2) The department shall adopt by rule a patient
 3263  eligibility form and is shall be responsible for eligibility
 3264  determination. However, the department may contract with
 3265  participating psychiatric hospitals for eligibility
 3266  determination. The eligibility form must shall provide the
 3267  mechanism for determining a patient’s eligibility according to
 3268  the requirements of s. 394.4788(1).
 3269         (a) A specialty psychiatric hospital is shall be eligible
 3270  for reimbursement only if when an eligibility form has been
 3271  completed for each indigent mentally ill individual person for
 3272  whom reimbursement is sought.
 3273         (b) As part of eligibility determination, every effort
 3274  shall be made by the hospital to determine if any third party
 3275  insurance coverage is available.
 3276         Section 35. Paragraph (a) of subsection (3) of section
 3277  39.407, Florida Statutes, is amended to read:
 3278         39.407 Medical, psychiatric, and psychological examination
 3279  and treatment of child; physical, mental, or substance abuse
 3280  examination of person with or requesting child custody.—
 3281         (3)(a)1. Except as otherwise provided in subparagraph (b)1.
 3282  or paragraph (e), before the department provides psychotropic
 3283  medications to a child in its custody, the prescribing physician
 3284  shall attempt to obtain express and informed consent, as defined
 3285  in s. 394.455 394.455(9) and as described in s. 394.459(3)
 3286  394.459(3)(a), from the child’s parent or legal guardian. The
 3287  department shall must take steps necessary to facilitate the
 3288  inclusion of the parent in the child’s consultation with the
 3289  physician. However, if the parental rights of the parent have
 3290  been terminated, the parent’s location or identity is unknown or
 3291  cannot reasonably be ascertained, or the parent declines to give
 3292  express and informed consent, the department may, after
 3293  consultation with the prescribing physician, seek court
 3294  authorization to provide the psychotropic medications to the
 3295  child. Unless parental rights have been terminated and if it is
 3296  possible to do so, the department shall continue to involve the
 3297  parent in the decisionmaking process regarding the provision of
 3298  psychotropic medications. If, at any time, a parent whose
 3299  parental rights have not been terminated provides express and
 3300  informed consent to the provision of a psychotropic medication,
 3301  the requirements of this section that the department seek court
 3302  authorization do not apply to that medication until such time as
 3303  the parent no longer consents.
 3304         2. If Any time the department seeks a medical evaluation to
 3305  determine the need to initiate or continue a psychotropic
 3306  medication for a child, the department must provide to the
 3307  evaluating physician all pertinent medical information known to
 3308  the department concerning that child.
 3309         Section 36. Subsection (3) of section 394.495, Florida
 3310  Statutes, is amended to read:
 3311         394.495 Child and adolescent mental health system of care;
 3312  programs and services.—
 3313         (3) Assessments shall must be performed by:
 3314         (a) A clinical psychologist, clinical social worker,
 3315  physician, psychiatric nurse, or psychiatrist professional as
 3316  defined in s. 394.455 394.455(2), (4), (21), (23), or (24);
 3317         (b) A professional licensed under chapter 491; or
 3318         (c) A person who is under the direct supervision of a
 3319  professional listed in paragraph (a) or paragraph (b) as defined
 3320  in s. 394.455(2), (4), (21), (23), or (24) or a professional
 3321  licensed under chapter 491.
 3322  
 3323  The department shall adopt by rule statewide standards for
 3324  mental health assessments, which are must be based on current
 3325  relevant professional and accreditation standards.
 3326         Section 37. Subsection (6) of section 394.496, Florida
 3327  Statutes, is amended to read:
 3328         394.496 Service planning.—
 3329         (6) A clinical psychologist, clinical social worker,
 3330  physician, psychiatric nurse, or psychiatrist professional as
 3331  defined in s. 394.455, 394.455(2), (4), (21), (23), or (24) or a
 3332  professional licensed under chapter 491, must be included among
 3333  those persons developing the services plan.
 3334         Section 38. Subsection (6) of section 394.9085, Florida
 3335  Statutes, is amended to read:
 3336         394.9085 Behavioral provider liability.—
 3337         (6) For purposes of this section, the terms “detoxification
 3338  services,” “addictions receiving facility,” and “receiving
 3339  facility” have the same meanings as those provided in ss.
 3340  397.311(18)(a)4., 397.311(18)(a)1., and 394.455 394.455(26),
 3341  respectively.
 3342         Section 39. Paragraph (d) of subsection (1) of section
 3343  419.001, Florida Statutes, is amended to read:
 3344         419.001 Site selection of community residential homes.—
 3345         (1) For the purposes of this section, the following
 3346  definitions shall apply:
 3347         (d) “Resident” means any of the following: a frail elder as
 3348  defined in s. 429.65; a physically disabled or handicapped
 3349  person as defined in s. 760.22(7)(a); a developmentally disabled
 3350  person as defined in s. 393.063; a nondangerous individual who
 3351  has a mental illness as defined in s. 394.455 mentally ill
 3352  person as defined in s. 394.455(18); or a child who is found to
 3353  be dependent as defined in s. 39.01 or s. 984.03, or a child in
 3354  need of services as defined in s. 984.03 or s. 985.03.
 3355         Section 40. Subsection (7) of section 744.704, Florida
 3356  Statutes, is amended to read:
 3357         744.704 Powers and duties.—
 3358         (7) A public guardian may shall not commit a ward to a
 3359  mental health treatment facility, as defined in s. 394.455
 3360  394.455(32), without an involuntary placement proceeding as
 3361  provided by law.
 3362         Section 41. This act shall take effect July 1, 2010.