Florida Senate - 2015                          SENATOR AMENDMENT
       Bill No. CS for HB 7113
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       Senator Abruzzo moved the following:
       
    1         Senate Amendment to Amendment (719962) (with title
    2  amendment)
    3  
    4         Between lines 4286 and 4287
    5  insert:
    6         Section 49. Workgroup to improve operational effectiveness
    7  of the Baker Act.—The Department of Children and Families shall
    8  create a workgroup to evaluate methods to improve the
    9  operational effectiveness of the Baker Act and recommend changes
   10  to existing laws, rules, and agency policies needed to implement
   11  the workgroup’s recommendations.
   12         (1) At a minimum, the workgroup shall evaluate and make
   13  recommendations on the following:
   14         (a) The timeframe for initial assessment, including whether
   15  the timeframe should be lengthened.
   16         (b) The use of advanced registered nurse practitioners to
   17  rescind Baker Act commitments.
   18         (c) The use of telemedicine for patient evaluation, case
   19  management, and ongoing care and the recommendation by the
   20  courts on the use of telemedicine to improve management of
   21  patient care and to reduce costs of transportation and public
   22  safety.
   23         (d) The 7-day requirement for followup care and its
   24  applicability to outpatient providers.
   25         (e) Other areas deemed by the workgroup to improve the
   26  operational effectiveness of the Baker Act.
   27         (2) The workgroup shall consist of the following
   28  stakeholders:
   29         (a) A representative of the Department of Children and
   30  Families, who shall serve as chair, appointed by the Secretary
   31  of Children and Families.
   32         (b) A representative of public receiving facilities and a
   33  representative of specialty hospitals, each appointed by the
   34  Florida Hospital Association.
   35         (c) A representative of crisis stabilization units,
   36  appointed by the Department of Children and Families.
   37         (d) A representative from the National Alliance on Mental
   38  Illness and a representative from the Florida Coalition Against
   39  Domestic Violence.
   40         (e) A representative of law enforcement agencies, appointed
   41  by the Florida Sheriffs Association.
   42         (f) A member of the judiciary who regularly evaluates Baker
   43  Act cases, appointed by the Chief Justice of the Supreme Court.
   44         (g) A public defender, appointed by the Florida Public
   45  Defender Association.
   46         (h) A state attorney, appointed by the Florida Prosecuting
   47  Attorneys Association.
   48         (i) Two physicians who provide care within a Baker Act
   49  receiving facility. The Florida Medical Association and the
   50  Florida Osteopathic Medical Association shall each appoint one
   51  physician.
   52         (j) A physician who regularly screens patients who meet
   53  Baker Act criteria, appointed by the Florida College of
   54  Emergency Physicians, and a physician assistant appointed by the
   55  Florida Academy of Physician Assistants.
   56         (k) A representative from a managing entity, appointed by
   57  the Secretary of Children and Families.
   58         (l) A representative of the Agency for Health Care
   59  Administration, appointed by the Secretary of Health Care
   60  Administration.
   61         (m) A representative of the Florida Council for Community
   62  Mental Health, appointed by the council.
   63         (n) An advanced registered nurse practitioner who works in
   64  a Baker Act receiving facility and who treats patients who meet
   65  Baker Act criteria, appointed by the Florida Nurses Association.
   66         (o) An advanced registered nurse practitioner who is
   67  nationally certified in mental health, appointed by the Florida
   68  Association of Nurse Practitioners.
   69         (p) A psychologist licensed under chapter 490, Florida
   70  Statutes, appointed by the Florida Psychological Association,
   71  and a mental health counselor appointed by the Florida Mental
   72  Health Counselors Association.
   73         (q) A psychiatrist with experience in the Baker Act,
   74  appointed by the Florida Psychiatric Society.
   75         (r) A representative or designee of a Medicaid managed care
   76  organization currently under contract with the Medicaid managed
   77  medical assistance program established pursuant to part IV of
   78  chapter 409, Florida Statutes, appointed by the Florida
   79  Association of Health Plans.
   80         (3) The workgroup shall meet in Tallahassee and shall
   81  determine the frequency of its meetings. Individual workgroup
   82  members are responsible for their travel expenses.
   83         (4) Members of the workgroup shall be appointed by August
   84  1, 2015, and the first meeting of the workgroup must take place
   85  before September 1, 2015. The workgroup shall review a draft of
   86  its recommendations before November 1, 2015. By January 1, 2016,
   87  the workgroup shall provide a final report to the Secretary of
   88  Children and Families, the Secretary of Health Care
   89  Administration, the President of the Senate, and the Speaker of
   90  the House of Representatives. The report must include the
   91  workgroup’s findings and recommended statutory and
   92  administrative rule changes.
   93         (5) At the discretion of the chair of the workgroup, the
   94  workgroup is authorized to request other stakeholders and
   95  organizations involved in mental health issues and the Baker Act
   96  to participate in meetings of the workgroup in order to offer
   97  subject matter expertise to assist the workgroup in its review
   98  of the Baker Act.
   99  
  100  ================= T I T L E  A M E N D M E N T ================
  101  And the title is amended as follows:
  102         Delete line 5202
  103  and insert:
  104         procedures; requiring the Department of Children and
  105         Families to create a workgroup to provide
  106         recommendations relating to revision of the Baker Act;
  107         requiring the workgroup to make recommendations on
  108         specified topics; providing for membership of the
  109         workgroup; providing for meetings; requiring the
  110         workgroup to meet by a specified date; requiring a
  111         review of draft recommendations by a specified date;
  112         requiring the workgroup to submit a report to
  113         specified entities and the Legislature by a specified
  114         date; authorizing the workgroup to request specified
  115         stakeholders and organizations to participate in
  116         workgroup meetings; amending ss. 39.407, 394.4612,
  117         394.495,