Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1262
       
       
       
       
       
       
                                Ì814364-Î814364                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/16/2022           .                                
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       Appropriations Subcommittee on Health and Human Services
       (Burgess) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 332 - 384
    4  and insert:
    5  from the receiving facility following approval pursuant to
    6  paragraph (f).
    7         b. Does not intend to file a petition for involuntary
    8  services, a receiving facility may postpone release of a patient
    9  until the next working day thereafter only if a qualified
   10  professional documents that adequate discharge planning and
   11  procedures in accordance with s. 394.468, and approval pursuant
   12  to paragraph (f), are not possible until the next working day.
   13         (5) UNLAWFUL ACTIVITIES RELATING TO EXAMINATION AND
   14  TREATMENT; PENALTIES.—
   15         (a) A person may not knowingly and willfully:
   16         1. Furnish false information for the purpose of obtaining
   17  emergency or other involuntary admission of another;
   18         2. Cause or otherwise secure, or conspire with or assist
   19  another to cause or secure, any emergency or other involuntary
   20  procedure of another person under false pretenses; or
   21         3. Cause, or conspire with or assist another to cause,
   22  without lawful justification, the denial to any person of any
   23  right accorded pursuant to this chapter.
   24         (b) A person who violates this subsection commits a
   25  misdemeanor of the first degree, punishable as provided in s.
   26  775.082 and by a fine not exceeding $5,000.
   27         Section 6. Section 394.468, Florida Statutes, is amended to
   28  read:
   29         394.468 Admission and discharge procedures.—
   30         (1) Admission and discharge procedures and treatment
   31  policies of the department are governed solely by this part.
   32  Such procedures and policies shall not be subject to control by
   33  court procedure rules. The matters within the purview of this
   34  part are deemed to be substantive, not procedural.
   35         (2) Discharge planning and procedures for any patient’s
   36  release from a receiving facility or treatment facility must
   37  include and document consideration of, at a minimum:
   38         (a) Follow-up behavioral health appointments;
   39         (b) Information on how to obtain prescribed medications;
   40  and
   41         (c) Information pertaining to:
   42         1. Available living arrangements;
   43         2. Transportation; and
   44         3. Recovery support opportunities.
   45         Section 7. Paragraph (c) of subsection (3) and subsection
   46  (5) of section 394.9086, Florida Statutes, are amended, and
   47  paragraphs (d) and (e) are added to subsection (3) of that
   48  section, to read:
   49         394.9086 Commission on Mental Health and Substance Abuse.—
   50         (3) MEMBERSHIP; TERM LIMITS; MEETINGS.—
   51         (c) The commission shall convene no later than September 1,
   52  2021. The commission shall meet quarterly or upon the call of
   53  the chair. The commission may shall hold its meetings in person
   54  at locations throughout the state or via teleconference or other
   55  electronic means.
   56         (d) Members of the commission are entitled to receive
   57  reimbursement for per diem and travel expenses pursuant to s.
   58  112.061.
   59         (e) Notwithstanding any other law, the commission may
   60  request and shall be provided with access to any information or
   61  records, including exempt and confidential information or
   62  records, which are necessary for the commission to carry out its
   63  duties. Information or records obtained by the commission which
   64  are otherwise exempt or confidential and exempt shall retain
   65  such exempt or confidential and exempt status, and the
   66  commission may not disclose such information or records.
   67  ================= T I T L E  A M E N D M E N T ================
   68  And the title is amended as follows:
   69         Delete line 46
   70  and insert:
   71         commission; authorizing the commission to access
   72         certain information or records; revising the due date
   73         for the commission’s