Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 456
       
       
       
       
       
       
                                Barcode 694880                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/25/2009           .                                
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       The Committee on Health Regulation (Gaetz) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (38) is added to section 394.455,
    6  Florida Statutes, to read:
    7         394.455 Definitions.—As used in this part, unless the
    8  context clearly requires otherwise, the term:
    9         (38)“Electronic means” means a form of telecommunication
   10  that requires all parties to maintain visual as well as audio
   11  communication.
   12         Section 2. Present paragraphs (k) and (l) of subsection (1)
   13  of section 394.462, Florida Statutes, are redesignated as
   14  paragraphs (l) and (m), respectively, a new paragraph (k) is
   15  added to that subsection, present subsection (3) of that section
   16  is renumbered as subsection (4), and a new subsection (3) is
   17  added to that section, to read:
   18         394.462 Transportation.—
   19         (1) TRANSPORTATION TO A RECEIVING FACILITY.—
   20         (k)Each law enforcement agency shall develop a memorandum
   21  of understanding with each receiving facility within the law
   22  enforcement agency’s jurisdiction which reflects a single set of
   23  protocols for the safe and secure transportation of the person
   24  and transfer of custody of the person. These protocols must also
   25  address crisis-intervention measures.
   26         (3)TRANSFER OF CUSTODY.—Custody of a person who is
   27  transported pursuant to this part, along with related
   28  documentation, shall be relinquished to a responsible individual
   29  at the appropriate receiving or treatment facility.
   30         Section 3. Paragraphs (a) and (b) of subsection (2) of
   31  section 394.4655, Florida Statutes, are amended to read:
   32         394.4655 Involuntary outpatient placement.—
   33         (2) INVOLUNTARY OUTPATIENT PLACEMENT.—
   34         (a)1. A patient who is being recommended for involuntary
   35  outpatient placement by may be retained by a receiving facility
   36  upon the recommendation of the administrator of the a receiving
   37  facility where the patient has been examined may be retained by
   38  the facility and after adherence to the notice of hearing
   39  procedures provided in s. 394.4599. The recommendation must be
   40  supported by the opinion of a psychiatrist and the second
   41  opinion of a clinical psychologist or another psychiatrist, both
   42  of whom have personally examined the patient face-to-face, in
   43  person or by electronic means, within the preceding 72 hours,
   44  that the criteria for involuntary outpatient placement are met.
   45  However, in a county having a population of fewer than 50,000,
   46  if the administrator certifies that a no psychiatrist or
   47  clinical psychologist is not available to provide the second
   48  opinion, the second opinion may be provided through a face-to
   49  face examination, in person or by electronic means, conducted by
   50  a licensed physician who has postgraduate training and
   51  experience in diagnosis and treatment of mental and nervous
   52  disorders or by a psychiatric nurse as defined in this chapter.
   53  Such a recommendation must be entered on an involuntary
   54  outpatient placement certificate that authorizes, which
   55  certificate must authorize the receiving facility to retain the
   56  patient pending completion of a hearing. The certificate shall
   57  be made a part of the patient’s clinical record.
   58         2. If the patient has been stabilized and no longer meets
   59  the criteria for involuntary examination pursuant to s.
   60  394.463(1), the patient must be released from the receiving
   61  facility while awaiting the hearing for involuntary outpatient
   62  placement. Before Prior to filing a petition for involuntary
   63  outpatient treatment, the administrator of a receiving facility
   64  or a designated department representative must shall identify
   65  the service provider that will have primary responsibility for
   66  service provision under an order for involuntary outpatient
   67  placement, unless the person is otherwise participating in
   68  outpatient psychiatric treatment and is not in need of public
   69  financing for that treatment, in which case the individual, if
   70  eligible, may be ordered to involuntary treatment pursuant to
   71  the existing psychiatric treatment relationship.
   72         3. The service provider shall prepare a written proposed
   73  treatment plan in consultation with the patient or the patient’s
   74  guardian advocate, if appointed, for the court’s consideration
   75  for inclusion in the involuntary outpatient placement order. The
   76  service provider shall also provide a copy of the proposed
   77  treatment plan to the patient and the administrator of the
   78  receiving facility. The treatment plan must specify the nature
   79  and extent of the patient’s mental illness,. The treatment plan
   80  must address the reduction of symptoms that necessitate
   81  involuntary outpatient placement, and include measurable goals
   82  and objectives for the services and treatment that are provided
   83  to treat the person’s mental illness and to assist the person in
   84  living and functioning in the community or to attempt to prevent
   85  a relapse or deterioration. Service providers may select and
   86  supervise provide supervision to other individuals to implement
   87  specific aspects of the treatment plan. The services in the
   88  treatment plan must be deemed to be clinically appropriate by a
   89  physician, clinical psychologist, psychiatric nurse, mental
   90  health counselor, marriage and family therapist, or clinical
   91  social worker, as defined in this chapter, who consults with, or
   92  is employed or contracted by, the service provider. The service
   93  provider must certify to the court in the proposed treatment
   94  plan whether sufficient services for improvement and
   95  stabilization are currently available and whether the service
   96  provider agrees to provide those services. If the service
   97  provider certifies that the services in the proposed treatment
   98  plan are not available, the petitioner may not file the
   99  petition.
  100         (b) If a patient in involuntary inpatient placement meets
  101  the criteria for involuntary outpatient placement, the
  102  administrator of the treatment facility may, before the
  103  expiration of the period during which the treatment facility is
  104  authorized to retain the patient, recommend involuntary
  105  outpatient placement. The recommendation must be supported by
  106  the opinion of a psychiatrist and the second opinion of a
  107  clinical psychologist or another psychiatrist, both of whom have
  108  personally examined the patient face-to-face, in person or by
  109  electronic means, within the preceding 72 hours, that the
  110  criteria for involuntary outpatient placement are met. However,
  111  in a county having a population of fewer than 50,000, if the
  112  administrator certifies that a no psychiatrist or clinical
  113  psychologist is not available to provide the second opinion, the
  114  second opinion may be provided through a face-to-face
  115  examination, in person or by electronic means, conducted by a
  116  licensed physician who has postgraduate training and experience
  117  in diagnosis and treatment of mental and nervous disorders or by
  118  a psychiatric nurse as defined in s. 394.455(23). Such a
  119  recommendation must be entered on an involuntary outpatient
  120  placement certificate, and the certificate must shall be made a
  121  part of the patient’s clinical record.
  122         Section 4. Subsection (2) of section 394.467, Florida
  123  Statutes, is amended to read:
  124         394.467 Involuntary inpatient placement.—
  125         (2) ADMISSION TO A TREATMENT FACILITY.—A patient may be
  126  retained by a receiving facility or involuntarily placed in a
  127  treatment facility upon the recommendation of the administrator
  128  of the a receiving facility where the patient has been examined
  129  and after adherence to the notice and hearing procedures
  130  provided in s. 394.4599. The recommendation must be supported by
  131  the opinion of a psychiatrist and the second opinion of a
  132  clinical psychologist or another psychiatrist, both of whom have
  133  personally examined the patient face-to-face, in person or by
  134  electronic means, within the preceding 72 hours, that the
  135  criteria for involuntary inpatient placement are met. However,
  136  in a county that has a population of fewer counties of less than
  137  50,000 population, if the administrator certifies that a no
  138  psychiatrist or clinical psychologist is not available to
  139  provide the second opinion, the such second opinion may be
  140  provided through a face-to-face examination, in person or by
  141  electronic means, conducted by a licensed physician who has with
  142  postgraduate training and experience in diagnosis and treatment
  143  of mental and nervous disorders or by a psychiatric nurse as
  144  defined in s. 394.455(23). Such recommendation shall be entered
  145  on an involuntary inpatient placement certificate that
  146  authorizes, which certificate shall authorize the receiving
  147  facility to retain the patient pending transfer to a treatment
  148  facility or completion of a hearing.
  149         Section 5. This act shall take effect July 1, 2009.
  150  
  151  ================= T I T L E  A M E N D M E N T ================
  152  And the title is amended as follows:
  153  
  154         Delete everything before the enacting clause
  155  and insert:
  156                        A bill to be entitled                      
  157         An act relating to mental illness; amending s.
  158         394.455, F.S.; defining the term “electronic means,”
  159         amending s. 394.462, F.S.; requiring a law enforcement
  160         agency that transports persons to a receiving facility
  161         to have a memorandum of understanding with the
  162         facility; requiring that custody of a person who is
  163         transported to a receiving or treatment facility be
  164         relinquished to a responsible person at the facility;
  165         amending ss. 394.4655 and 394.467, F.S.; specifying
  166         that a psychiatric examination by certain personnel be
  167         conducted face-to-face, in person or by electronic
  168         means; providing an effective date.