Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. CS for SB 7070
Ì211274ÊÎ211274
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/16/2015 .
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The Committee on Appropriations (Grimsley) recommended the
following:
1 Senate Amendment to Amendment (250728)
2
3 Delete lines 2023 - 2143
4 and insert:
5 3. A physician, clinical psychologist, psychiatric nurse,
6 mental health counselor, marriage and family therapist, or
7 clinical social worker may execute a certificate stating that he
8 or she has examined the individual a person within the preceding
9 48 hours and finds that the individual person appears to meet
10 the criteria for involuntary examination and stating the
11 observations upon which that conclusion is based. The
12 certificate must specify whether the individual is to be taken
13 to a mental health receiving facility, an addictions receiving
14 facility, or a detoxification facility, and must include
15 specific facts supporting the conclusion that the individual
16 would benefit from services provided by the type of facility
17 specified. If other less restrictive means are not available,
18 such as voluntary appearance for outpatient evaluation, A law
19 enforcement officer shall take the individual person named in
20 the certificate into custody and deliver him or her to the
21 nearest receiving facility of the type specified in the
22 certificate for involuntary examination. However, if the county
23 in which the individual is taken into custody has a
24 transportation exception plan specifying a central receiving
25 facility, the law enforcement officer shall transport the
26 individual to the central receiving facility pursuant to the
27 plan. A law enforcement officer may only take an individual into
28 custody on the basis of a certificate within 7 calendar days
29 after execution of the certificate. The law enforcement officer
30 shall complete execute a written report detailing the
31 circumstances under which the individual person was taken into
32 custody. The report and certificate shall be made a part of the
33 patient’s clinical record. Any receiving facility accepting the
34 individual patient based on the this certificate must send a
35 copy of the certificate to the Agency for Health Care
36 Administration on the next working day.
37 (b) An individual may A person shall not be removed from a
38 any program or residential placement licensed under chapter 400
39 or chapter 429 and transported to a receiving facility for
40 involuntary examination unless an ex parte order, a professional
41 certificate, or a law enforcement officer’s report is first
42 prepared. If the condition of the individual person is such that
43 preparation of a law enforcement officer’s report is not
44 practicable before removal, the report must shall be completed
45 as soon as possible after removal, but in any case before the
46 individual person is transported to a receiving facility. A
47 receiving facility admitting an individual a person for
48 involuntary examination who is not accompanied by the required
49 ex parte order, professional certificate, or law enforcement
50 officer’s report must shall notify the Agency for Health Care
51 Administration of such admission by certified mail by no later
52 than the next working day. The provisions of this paragraph do
53 not apply when transportation is provided by the patient’s
54 family or guardian.
55 (c) A law enforcement officer acting in accordance with an
56 ex parte order issued pursuant to this subsection may serve and
57 execute such order on any day of the week, at any time of the
58 day or night.
59 (d) A law enforcement officer acting in accordance with an
60 ex parte order issued pursuant to this subsection may use such
61 reasonable physical force as is necessary to gain entry to the
62 premises, and any dwellings, buildings, or other structures
63 located on the premises, and to take custody of the person who
64 is the subject of the ex parte order.
65 (e) Petitions and The Agency for Health Care Administration
66 shall receive and maintain the copies of ex parte orders,
67 involuntary outpatient placement orders, involuntary outpatient
68 placement petitions and orders issued pursuant to s. 394.4655,
69 involuntary inpatient placement petitions and orders issued
70 pursuant to s. 394.467, professional certificates, and law
71 enforcement officers’ reports are. These documents shall be
72 considered part of the clinical record, governed by the
73 provisions of s. 394.4615. The agency shall prepare annual
74 reports analyzing the data obtained from these documents,
75 without information identifying individuals held for examination
76 or admitted for mental health and substance abuse treatment
77 patients, and shall provide copies of reports to the department,
78 the President of the Senate, the Speaker of the House of
79 Representatives, and the minority leaders of the Senate and the
80 House of Representatives.
81 (f) An individual held for examination A patient shall be
82 examined by a physician, a or clinical psychologist, or a
83 psychiatric nurse performing within the framework of an
84 established protocol with a psychiatrist at a receiving facility
85 without unnecessary delay and may, upon the order of a
86 physician, be given emergency mental health or substance abuse
87 treatment if it is determined that such treatment is necessary
88 for the safety of the individual patient or others. The patient
89 may not be released by the receiving facility or its contractor
90 without the documented approval of a psychiatrist, a clinical
91 psychologist, or, if the receiving facility is a hospital, the
92 release may also be approved by an attending emergency
93 department physician with experience in the diagnosis and
94 treatment of mental and nervous disorders and after completion
95 of an involuntary examination pursuant to this subsection.
96 However, a patient may not be held in a receiving facility for
97 involuntary examination longer than 72 hours.
98 (g) An individual may not be held for involuntary
99 examination for more than 72 hours from the time of the
100 individual’s arrival at the facility, except that this period
101 may be extended by 48 hours if a physician documents in the
102 clinical record that the individual has ongoing symptoms of
103 substance intoxication or substance withdrawal and the
104 individual would likely experience significant clinical benefit
105 from detoxification services. This determination must be made
106 based on a face-to-face examination conducted by the physician
107 no less than 48 hours and not more than 72 hours after the
108 individual’s arrival at the facility. Based on the individual’s
109 needs, one of the following actions must be taken within the
110 involuntary examination period:
111 1. The individual shall be released with the approval of a
112 psychiatrist or clinical psychologist. However, if the
113 examination is conducted in a receiving facility that is owned
114 or operated by a hospital or health system, an emergency
115 department physician or a psychiatric nurse performing within
116 the framework of an established protocol with a psychiatrist may
117 approve the release. A psychiatric nurse may not approve the
118 release of a patient when the involuntary examination has been
119 initiated by a psychiatrist, unless the release is approved by
120 the initiating psychiatrist.