Florida Senate - 2015                          SENATOR AMENDMENT
       Bill No. CS for SB 954
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .                                
             04/22/2015 10:29 AM       .                                

       Senator Garcia moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 66 - 154
    4  and insert:
    5  must include, at a minimum, provisions for all of the following:
    6         1. Health appraisal;
    7         2. Records review;
    8         3. Nurse assessment;
    9         4. Nutrition assessment;
   10         5. A preventive dental program;
   11         6. Vision screening;
   12         7. Hearing screening;
   13         8. Scoliosis screening;
   14         9. Growth and development screening;
   15         10. Health counseling;
   16         11. Referral and followup of suspected or confirmed health
   17  problems by the local county health department;
   18         12. Meeting emergency health needs in each school;
   19         13. County health department personnel to assist school
   20  personnel in health education curriculum development;
   21         14. Referral of students to appropriate health treatment,
   22  in cooperation with the private health community whenever
   23  possible;
   24         15. Consultation with a student’s parent or guardian
   25  regarding the need for health attention by the family physician,
   26  dentist, or other specialist when definitive diagnosis or
   27  treatment is indicated;
   28         16. Maintenance of records on incidents of health problems,
   29  corrective measures taken, and such other information as may be
   30  needed to plan and evaluate health programs; except, however,
   31  that provisions in the plan for maintenance of health records of
   32  individual students must be in accordance with s. 1002.22;
   33         17. Health information which will be provided by the school
   34  health nurses, when necessary, regarding the placement of
   35  students in exceptional student programs and the reevaluation at
   36  periodic intervals of students placed in such programs; and
   37         18. Notification to the local nonpublic schools of the
   38  school health services program and the opportunity for
   39  representatives of the local nonpublic schools to participate in
   40  the development of the cooperative health services plan; and.
   41         19. Immediate notification to a student’s parent, guardian,
   42  or caregiver if the student is removed from school, school
   43  transportation, or a school-sponsored activity and taken to a
   44  receiving facility for an involuntary examination pursuant to s.
   45  394.463, including the requirements established under ss.
   46  1002.20(3) and 1002.33(9), as applicable.
   47         Section 2. Section 394.4599, Florida Statutes, is amended
   48  to read:
   49         394.4599 Notice.—
   50         (1) VOLUNTARY ADMISSION PATIENTS.—Notice of an individual’s
   51  a voluntary patient’s admission shall only be given only at the
   52  request of the individual patient, except that, in an emergency,
   53  notice shall be given as determined by the facility.
   55         (a) Whenever notice is required to be given under this
   56  part, such notice shall be given to the individual patient and
   57  the individual’s patient’s guardian, guardian advocate, health
   58  care surrogate or proxy, attorney, and representative.
   59         1. When notice is required to be given to an individual a
   60  patient, it shall be given both orally and in writing, in the
   61  language and terminology that the individual patient can
   62  understand, and, if needed, the facility shall provide an
   63  interpreter for the individual patient.
   64         2. Notice to an individual’s a patient’s guardian, guardian
   65  advocate, health care surrogate or proxy, attorney, and
   66  representative shall be given by United States mail and by
   67  registered or certified mail with the date, time, and method of
   68  notice delivery documented in receipts attached to the patient’s
   69  clinical record. Hand delivery by a facility employee may be
   70  used as an alternative, with the date and time of delivery
   71  documented in the clinical record. If notice is given by a state
   72  attorney or an attorney for the department, a certificate of
   73  service is shall be sufficient to document service.
   74         (b) A receiving facility shall give prompt notice of the
   75  whereabouts of an individual a patient who is being
   76  involuntarily held for examination to the individual’s guardian,
   77  guardian advocate, health care surrogate or proxy, attorney or
   78  representative, by telephone or in person within 24 hours after
   79  the individual’s patient’s arrival at the facility, unless the
   80  patient requests that no notification be made. Contact attempts
   81  shall be documented in the individual’s patient’s clinical
   82  record and shall begin as soon as reasonably possible after the
   83  individual’s patient’s arrival. Notice that a patient is being
   84  admitted as an involuntary patient shall be given to the Florida
   85  local advocacy council no later than the next working day after
   86  the patient is admitted.
   87         (c)1. A receiving facility shall give notice of the
   88  whereabouts of a minor who is being involuntarily held for
   89  examination pursuant to s. 394.463 to the minor’s parent,
   90  guardian, caregiver, or guardian advocate, in person or by
   91  telephone or other form of electronic communication, immediately
   92  after the minor’s arrival at the facility. The facility may
   93  delay notification for no more than 24 hours after the minor’s
   94  arrival if the facility has submitted a report to the central
   95  abuse hotline, pursuant to s. 39.201, based upon knowledge or
   96  suspicion of abuse, abandonment, or neglect and if the facility
   97  deems a delay in notification to be in the minor’s best
   98  interest.
   99         2. The receiving facility shall attempt to notify the
  100  minor’s parent, guardian, caregiver, or guardian advocate until
  101  the receiving facility receives confirmation from the parent,
  102  guardian, caregiver, or guardian advocate, verbally, by
  103  telephone or other form of electronic communication, or by
  104  recorded message, that notification has been received. Attempts
  105  to notify the parent, guardian, caregiver, or guardian advocate
  106  must be repeated at least once every hour during the first 12
  107  hours after the minor’s arrival and once every 24 hours
  108  thereafter and must continue until such confirmation is
  109  received, unless the minor is released at the end of the 72-hour
  110  examination period, or until a petition for involuntary
  111  placement is filed with the court pursuant to s. 394.463(2)(i).
  112  The receiving facility may seek assistance from a law
  113  enforcement agency to notify the minor’s parent, guardian,
  114  caregiver, or guardian advocate if the facility has not received
  115  within the first 24 hours after the minor’s arrival a
  116  confirmation by the parent, guardian, caregiver, or guardian
  117  advocate that notification has been received. The receiving
  118  facility must document notification attempts in the minor’s
  119  clinical record.
  120         (d)(c) The written notice of the filing of the petition for
  121  involuntary placement of an individual being held must contain
  122  the following:
  123         1. Notice that the petition has been filed with the circuit
  124  court in the county in which the individual patient is
  125  hospitalized and the address of such court.
  126         2. Notice that the office of the public defender has been
  127  appointed to represent the individual patient in the proceeding,
  128  if the individual patient is not otherwise represented by
  129  counsel.
  130         3. The date, time, and place of the hearing and the name of
  131  each examining expert and every other person expected to testify
  132  in support of continued detention.
  133         4. Notice that the individual patient, the individual’s
  134  patient’s guardian, guardian advocate, health care surrogate or
  135  proxy, or representative, or the administrator may apply for a
  136  change of venue for the convenience of the parties or witnesses
  137  or because of the condition of the individual patient.
  138         5. Notice that the individual patient is entitled to an
  139  independent expert examination and, if the individual patient
  140  cannot afford such an examination, that the court will provide
  141  for one.
  142         (e)(d) A treatment facility shall provide notice of an
  143  individual’s a patient’s involuntary admission on the next
  144  regular working day after the individual’s patient’s arrival at
  145  the facility.
  146         (f)(e) When an individual a patient is to be transferred
  147  from one facility to another, notice shall be given by the
  148  facility where the individual patient is located before prior to
  149  the transfer.
  151  ================= T I T L E  A M E N D M E N T ================
  152  And the title is amended as follows:
  153         Delete lines 9 - 13
  154  and insert:
  155         F.S.; including health care surrogates and proxies as
  156         individuals who may act on behalf of an individual
  157         involuntarily admitted to a facility; requiring a
  158         receiving facility to immediately notify the parent,
  159         guardian, caregiver, or guardian advocate of the
  160         whereabouts of a minor who is being held for
  161         involuntary examination; providing circumstances when
  162         notification may be delayed; requiring the receiving
  163         facility to make continuous notification attempts;
  164         authorizing the receiving facility to seek assistance
  165         from law enforcement under certain circumstances;
  166         requiring the receiving facility to document
  167         notification attempts in the minor’s clinical record;
  168         amending ss.