Florida Senate - 2009                              CS for SB 456
       
       
       
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Gaetz
       
       
       
       586-02387-09                                           2009456c1
    1                        A bill to be entitled                      
    2         An act relating to mental illness; amending s.
    3         394.462, F.S.; requiring a law enforcement agency that
    4         transports persons to a receiving facility to have a
    5         memorandum of understanding with the facility;
    6         requiring that custody of a person who is transported
    7         to a receiving or treatment facility be relinquished
    8         to a responsible person at the facility; amending ss.
    9         394.4655 and 394.467, F.S.; specifying that a
   10         psychiatric examination by certain personnel be
   11         conducted face-to-face or by electronic means;
   12         providing an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Present paragraphs (k) and (l) of subsection (1)
   17  of section 394.462, Florida Statutes, are redesignated as
   18  paragraphs (l) and (m), respectively, a new paragraph (k) is
   19  added to that subsection, present subsection (3) of that section
   20  is renumbered as subsection (4), and a new subsection (3) is
   21  added to that section, to read:
   22         394.462 Transportation.—
   23         (1) TRANSPORTATION TO A RECEIVING FACILITY.—
   24         (k)Each law enforcement agency shall develop a memorandum
   25  of understanding with each receiving facility within the law
   26  enforcement agency’s jurisdiction which reflects a single set of
   27  protocols for the safe and secure transportation of the person
   28  and transfer of custody of the person. These protocols must also
   29  address crisis-intervention measures.
   30         (3)TRANSFER OF CUSTODY.—Custody of a person who is
   31  transported pursuant to this part, along with related
   32  documentation, shall be relinquished to a responsible individual
   33  at the appropriate receiving or treatment facility.
   34         Section 2. Paragraphs (a) and (b) of subsection (2) of
   35  section 394.4655, Florida Statutes, are amended to read:
   36         394.4655 Involuntary outpatient placement.—
   37         (2) INVOLUNTARY OUTPATIENT PLACEMENT.—
   38         (a)1. A patient who is being recommended for involuntary
   39  outpatient placement by may be retained by a receiving facility
   40  upon the recommendation of the administrator of the a receiving
   41  facility where the patient has been examined may be retained by
   42  the facility and after adherence to the notice of hearing
   43  procedures provided in s. 394.4599. The recommendation must be
   44  supported by the opinion of a psychiatrist and the second
   45  opinion of a clinical psychologist or another psychiatrist, both
   46  of whom have personally examined the patient face-to-face or by
   47  electronic means within the preceding 72 hours, that the
   48  criteria for involuntary outpatient placement are met. However,
   49  in a county having a population of fewer than 50,000, if the
   50  administrator certifies that a no psychiatrist or clinical
   51  psychologist is not available to provide the second opinion, the
   52  second opinion may be provided through a face-to-face
   53  examination or electronic means conducted by a licensed
   54  physician who has postgraduate training and experience in
   55  diagnosis and treatment of mental and nervous disorders or by a
   56  psychiatric nurse as defined in this chapter. Such a
   57  recommendation must be entered on an involuntary outpatient
   58  placement certificate that authorizes, which certificate must
   59  authorize the receiving facility to retain the patient pending
   60  completion of a hearing. The certificate shall be made a part of
   61  the patient’s clinical record.
   62         2. If the patient has been stabilized and no longer meets
   63  the criteria for involuntary examination pursuant to s.
   64  394.463(1), the patient must be released from the receiving
   65  facility while awaiting the hearing for involuntary outpatient
   66  placement. Before Prior to filing a petition for involuntary
   67  outpatient treatment, the administrator of a receiving facility
   68  or a designated department representative must shall identify
   69  the service provider that will have primary responsibility for
   70  service provision under an order for involuntary outpatient
   71  placement, unless the person is otherwise participating in
   72  outpatient psychiatric treatment and is not in need of public
   73  financing for that treatment, in which case the individual, if
   74  eligible, may be ordered to involuntary treatment pursuant to
   75  the existing psychiatric treatment relationship.
   76         3. The service provider shall prepare a written proposed
   77  treatment plan in consultation with the patient or the patient’s
   78  guardian advocate, if appointed, for the court’s consideration
   79  for inclusion in the involuntary outpatient placement order. The
   80  service provider shall also provide a copy of the proposed
   81  treatment plan to the patient and the administrator of the
   82  receiving facility. The treatment plan must specify the nature
   83  and extent of the patient’s mental illness,. The treatment plan
   84  must address the reduction of symptoms that necessitate
   85  involuntary outpatient placement, and include measurable goals
   86  and objectives for the services and treatment that are provided
   87  to treat the person’s mental illness and to assist the person in
   88  living and functioning in the community or to attempt to prevent
   89  a relapse or deterioration. Service providers may select and
   90  supervise provide supervision to other individuals to implement
   91  specific aspects of the treatment plan. The services in the
   92  treatment plan must be deemed to be clinically appropriate by a
   93  physician, clinical psychologist, psychiatric nurse, mental
   94  health counselor, marriage and family therapist, or clinical
   95  social worker, as defined in this chapter, who consults with, or
   96  is employed or contracted by, the service provider. The service
   97  provider must certify to the court in the proposed treatment
   98  plan whether sufficient services for improvement and
   99  stabilization are currently available and whether the service
  100  provider agrees to provide those services. If the service
  101  provider certifies that the services in the proposed treatment
  102  plan are not available, the petitioner may not file the
  103  petition.
  104         (b) If a patient in involuntary inpatient placement meets
  105  the criteria for involuntary outpatient placement, the
  106  administrator of the treatment facility may, before the
  107  expiration of the period during which the treatment facility is
  108  authorized to retain the patient, recommend involuntary
  109  outpatient placement. The recommendation must be supported by
  110  the opinion of a psychiatrist and the second opinion of a
  111  clinical psychologist or another psychiatrist, both of whom have
  112  personally examined the patient face-to-face or by electronic
  113  means within the preceding 72 hours, that the criteria for
  114  involuntary outpatient placement are met. However, in a county
  115  having a population of fewer than 50,000, if the administrator
  116  certifies that a no psychiatrist or clinical psychologist is not
  117  available to provide the second opinion, the second opinion may
  118  be provided through a face-to-face examination or electronic
  119  means conducted by a licensed physician who has postgraduate
  120  training and experience in diagnosis and treatment of mental and
  121  nervous disorders or by a psychiatric nurse as defined in s.
  122  394.455(23). Such a recommendation must be entered on an
  123  involuntary outpatient placement certificate, and the
  124  certificate must shall be made a part of the patient’s clinical
  125  record.
  126         Section 3. Subsection (2) of section 394.467, Florida
  127  Statutes, is amended to read:
  128         394.467 Involuntary inpatient placement.—
  129         (2) ADMISSION TO A TREATMENT FACILITY.—A patient may be
  130  retained by a receiving facility or involuntarily placed in a
  131  treatment facility upon the recommendation of the administrator
  132  of the a receiving facility where the patient has been examined
  133  and after adherence to the notice and hearing procedures
  134  provided in s. 394.4599. The recommendation must be supported by
  135  the opinion of a psychiatrist and the second opinion of a
  136  clinical psychologist or another psychiatrist, both of whom have
  137  personally examined the patient face-to-face or by electronic
  138  means within the preceding 72 hours, that the criteria for
  139  involuntary inpatient placement are met. However, in a county
  140  that has a population of fewer counties of less than 50,000
  141  population, if the administrator certifies that a no
  142  psychiatrist or clinical psychologist is not available to
  143  provide the second opinion, the such second opinion may be
  144  provided through a face-to-face examination or electronic means
  145  conducted by a licensed physician who has with postgraduate
  146  training and experience in diagnosis and treatment of mental and
  147  nervous disorders or by a psychiatric nurse as defined in s.
  148  394.455(23). Such recommendation shall be entered on an
  149  involuntary inpatient placement certificate that authorizes,
  150  which certificate shall authorize the receiving facility to
  151  retain the patient pending transfer to a treatment facility or
  152  completion of a hearing.
  153         Section 4. This act shall take effect July 1, 2009.