Florida Senate - 2015                                     SB 304
       By Senator Garcia
       38-00268-15                                            2015304__
    1                        A bill to be entitled                      
    2         An act relating to substance abuse treatment,
    3         assessment, and stabilization; amending s. 397.601,
    4         F.S.; providing that, in considering whether to
    5         voluntarily admit a person, the determination as to
    6         whether the medical and behavioral conditions of the
    7         person are within the safe management capabilities of
    8         the service provider shall be made exclusively by the
    9         service provider; amending s. 397.6751, F.S.;
   10         providing that, with regard to involuntary admissions,
   11         specified determinations shall be made at the
   12         exclusive discretion of the service provider; amending
   13         s. 397.6819, F.S.; clarifying that a specified
   14         assessment is required only if the individual is
   15         admitted; amending s. 397.6822, F.S.; specifying that
   16         after involuntary assessment, the decision as to the
   17         disposition of the individual shall be made at the
   18         discretion of the qualified professional; amending s.
   19         397.697, F.S.; conforming a provision to changes made
   20         in the act; providing an effective date.
   22  Be It Enacted by the Legislature of the State of Florida:
   24         Section 1. Subsection (2) of section 397.601, Florida
   25  Statutes, is amended to read:
   26         397.601 Voluntary admissions.—
   27         (2) Within the financial and space capabilities of the
   28  service provider, a person must be admitted to treatment when
   29  sufficient evidence exists that the person is impaired by
   30  substance abuse and the medical and behavioral conditions of the
   31  person are not beyond the safe management capabilities of the
   32  service provider, as determined exclusively by the service
   33  provider.
   34         Section 2. Subsection (1) and paragraph (a) of subsection
   35  (2) of section 397.6751, Florida Statutes, are amended to read:
   36         397.6751 Service provider responsibilities regarding
   37  involuntary admissions.—
   38         (1) It is the responsibility of the service provider to, at
   39  its exclusive discretion:
   40         (a) Ensure that a person who is admitted to a licensed
   41  service component meets the admission criteria specified in s.
   42  397.675.;
   43         (b) Ascertain whether the medical and behavioral conditions
   44  of the person, as presented, are beyond the safe management
   45  capabilities of the service provider.;
   46         (c) Provide for the admission of the person to the service
   47  component that represents the least restrictive available
   48  setting that is responsive to the person’s treatment needs.;
   49         (d) Verify that the admission of the person to the service
   50  component does not result in a census in excess of its licensed
   51  service capacity.;
   52         (e) Determine whether the cost of services is within the
   53  financial means of the person or those who are financially
   54  responsible for the person’s care.; and
   55         (f) Take all necessary measures to ensure that each
   56  individual in treatment is provided with a safe environment, and
   57  to ensure that each individual whose medical condition or
   58  behavioral problem becomes such that he or she cannot be safely
   59  managed by the service component is discharged and referred to a
   60  more appropriate setting for care.
   61         (2)(a) If When, in the judgment of the service provider
   62  determines that, the person who is being presented for
   63  involuntary admission should not be admitted because he or she
   64  does not of his or her failure to meet admission criteria;,
   65  because his or her medical or behavioral conditions are beyond
   66  the safe management capabilities of the service provider;, or
   67  because of a lack of available space, services, or financial
   68  resources to pay for his or her care, the service provider, in
   69  accordance with federal confidentiality regulations, must
   70  attempt to contact the referral source, which may be a law
   71  enforcement officer, physician, parent, legal guardian if
   72  applicable, court and petitioner, or other referring party, to
   73  discuss the circumstances and assist in arranging for
   74  alternative interventions.
   75         Section 3. Section 397.6819, Florida Statutes, is amended
   76  to read:
   77         397.6819 Involuntary assessment and stabilization;
   78  responsibility of licensed service provider.—A licensed service
   79  provider may admit an individual for involuntary assessment and
   80  stabilization for a period of up to not to exceed 5 days. If
   81  admitted, the individual must be assessed without unnecessary
   82  delay by a qualified professional. If an assessment is performed
   83  by a qualified professional who is not a physician, the
   84  assessment must be reviewed by a physician before the end of the
   85  assessment period.
   86         Section 4. Section 397.6822, Florida Statutes, is amended
   87  to read:
   88         397.6822 Disposition of individual after involuntary
   89  assessment.—Based upon the involuntary assessment, a qualified
   90  professional of the hospital, detoxification facility, or
   91  addictions receiving facility, or a qualified professional when
   92  a less restrictive component has been used, must, at his or her
   93  discretion, do one of the following:
   94         (1) Release the individual and, if where appropriate, refer
   95  the individual to another treatment facility or service
   96  provider, or to community services.;
   97         (2) Allow the individual, with consent, to remain
   98  voluntarily at the licensed provider.; or
   99         (3) Retain the individual when a petition for involuntary
  100  treatment has been initiated, the timely filing of which by
  101  virtue of timely filing authorizes the service provider to
  102  retain physical custody of the individual pending further order
  103  of the court.
  105  Adhering to federal confidentiality regulations, Notice of
  106  disposition shall must be provided to the petitioner and to the
  107  court in compliance with federal confidentiality regulations.
  108         Section 5. Subsection (1) of section 397.697, Florida
  109  Statutes, is amended to read:
  110         397.697 Court determination; effect of court order for
  111  involuntary substance abuse treatment.—
  112         (1) When the court finds that the conditions for
  113  involuntary substance abuse treatment have been proved by clear
  114  and convincing evidence, it may order the respondent to undergo
  115  involuntary treatment by a licensed service provider for a
  116  period not to exceed 60 days. If the court finds it necessary,
  117  it may direct the sheriff to take the respondent into custody
  118  and deliver him or her to the licensed service provider
  119  specified in the court order, or to the nearest appropriate
  120  licensed service provider, for involuntary treatment. The
  121  determination as to whether to admit the respondent shall be
  122  made in compliance with s. 397.6751. When the conditions
  123  justifying involuntary treatment no longer exist, the individual
  124  must be released as provided in s. 397.6971. When the conditions
  125  justifying involuntary treatment are expected to exist after 60
  126  days of treatment, a renewal of the involuntary treatment order
  127  may be requested pursuant to s. 397.6975 before prior to the end
  128  of the 60-day period.
  129         Section 6. This act shall take effect July 1, 2015.