CS for CS for SB 456                       First Engrossed (ntc)
       
       
       
       
       
       
       
       
       2009456e1
       
    1                        A bill to be entitled                      
    2         An act relating to mental illness; amending s.
    3         394.455, F.S.; defining the term “electronic means”;
    4         amending s. 394.462, F.S.; requiring a law enforcement
    5         agency that transports persons to a receiving facility
    6         to have a memorandum of understanding with the
    7         facility; requiring that custody of a person who is
    8         transported to a receiving or treatment facility be
    9         relinquished to a responsible person at the facility;
   10         amending ss. 394.4655 and 394.467, F.S.; specifying
   11         that a psychiatric examination by certain personnel be
   12         conducted face-to-face, in person or by electronic
   13         means; providing an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (38) is added to section 394.455,
   18  Florida Statutes, to read:
   19         394.455 Definitions.—As used in this part, unless the
   20  context clearly requires otherwise, the term:
   21         (38)“Electronic means” means a form of telecommunication
   22  that requires all parties to maintain visual as well as audio
   23  communication.
   24         Section 2. Present paragraphs (k) and (l) of subsection (1)
   25  of section 394.462, Florida Statutes, are redesignated as
   26  paragraphs (l) and (m), respectively, a new paragraph (k) is
   27  added to that subsection, present subsection (3) of that section
   28  is renumbered as subsection (4), and a new subsection (3) is
   29  added to that section, to read:
   30         394.462 Transportation.—
   31         (1) TRANSPORTATION TO A RECEIVING FACILITY.—
   32         (k)Each law enforcement agency shall develop a memorandum
   33  of understanding with each receiving facility within the law
   34  enforcement agency’s jurisdiction which reflects a single set of
   35  protocols for the safe and secure transportation of the person
   36  and transfer of custody of the person. These protocols must also
   37  address crisis-intervention measures.
   38         (3)TRANSFER OF CUSTODY.—Custody of a person who is
   39  transported pursuant to this part, along with related
   40  documentation, shall be relinquished to a responsible individual
   41  at the appropriate receiving or treatment facility.
   42         Section 3. Paragraphs (a) and (b) of subsection (2) of
   43  section 394.4655, Florida Statutes, are amended to read:
   44         394.4655 Involuntary outpatient placement.—
   45         (2) INVOLUNTARY OUTPATIENT PLACEMENT.—
   46         (a)1. A patient who is being recommended for involuntary
   47  outpatient placement by may be retained by a receiving facility
   48  upon the recommendation of the administrator of the a receiving
   49  facility where the patient has been examined may be retained by
   50  the facility and after adherence to the notice of hearing
   51  procedures provided in s. 394.4599. The recommendation must be
   52  supported by the opinion of a psychiatrist and the second
   53  opinion of a clinical psychologist or another psychiatrist, both
   54  of whom have personally examined the patient within the
   55  preceding 72 hours, that the criteria for involuntary outpatient
   56  placement are met. However, in a county having a population of
   57  fewer than 50,000, if the administrator certifies that a no
   58  psychiatrist or clinical psychologist is not available to
   59  provide the second opinion, the second opinion may be provided
   60  by a licensed physician who has postgraduate training and
   61  experience in diagnosis and treatment of mental and nervous
   62  disorders or by a psychiatric nurse as defined in this chapter.
   63  Any second opinion authorized in this subparagraph may be
   64  conducted through a face-to-face examination, in person or by
   65  electronic means. Such a recommendation must be entered on an
   66  involuntary outpatient placement certificate that authorizes,
   67  which certificate must authorize the receiving facility to
   68  retain the patient pending completion of a hearing. The
   69  certificate shall be made a part of the patient’s clinical
   70  record.
   71         2. If the patient has been stabilized and no longer meets
   72  the criteria for involuntary examination pursuant to s.
   73  394.463(1), the patient must be released from the receiving
   74  facility while awaiting the hearing for involuntary outpatient
   75  placement. Before Prior to filing a petition for involuntary
   76  outpatient treatment, the administrator of a receiving facility
   77  or a designated department representative must shall identify
   78  the service provider that will have primary responsibility for
   79  service provision under an order for involuntary outpatient
   80  placement, unless the person is otherwise participating in
   81  outpatient psychiatric treatment and is not in need of public
   82  financing for that treatment, in which case the individual, if
   83  eligible, may be ordered to involuntary treatment pursuant to
   84  the existing psychiatric treatment relationship.
   85         3. The service provider shall prepare a written proposed
   86  treatment plan in consultation with the patient or the patient’s
   87  guardian advocate, if appointed, for the court’s consideration
   88  for inclusion in the involuntary outpatient placement order. The
   89  service provider shall also provide a copy of the proposed
   90  treatment plan to the patient and the administrator of the
   91  receiving facility. The treatment plan must specify the nature
   92  and extent of the patient’s mental illness,. The treatment plan
   93  must address the reduction of symptoms that necessitate
   94  involuntary outpatient placement, and include measurable goals
   95  and objectives for the services and treatment that are provided
   96  to treat the person’s mental illness and to assist the person in
   97  living and functioning in the community or to attempt to prevent
   98  a relapse or deterioration. Service providers may select and
   99  supervise provide supervision to other individuals to implement
  100  specific aspects of the treatment plan. The services in the
  101  treatment plan must be deemed to be clinically appropriate by a
  102  physician, clinical psychologist, psychiatric nurse, mental
  103  health counselor, marriage and family therapist, or clinical
  104  social worker, as defined in this chapter, who consults with, or
  105  is employed or contracted by, the service provider. The service
  106  provider must certify to the court in the proposed treatment
  107  plan whether sufficient services for improvement and
  108  stabilization are currently available and whether the service
  109  provider agrees to provide those services. If the service
  110  provider certifies that the services in the proposed treatment
  111  plan are not available, the petitioner may not file the
  112  petition.
  113         (b) If a patient in involuntary inpatient placement meets
  114  the criteria for involuntary outpatient placement, the
  115  administrator of the treatment facility may, before the
  116  expiration of the period during which the treatment facility is
  117  authorized to retain the patient, recommend involuntary
  118  outpatient placement. The recommendation must be supported by
  119  the opinion of a psychiatrist and the second opinion of a
  120  clinical psychologist or another psychiatrist, both of whom have
  121  personally examined the patient within the preceding 72 hours,
  122  that the criteria for involuntary outpatient placement are met.
  123  However, in a county having a population of fewer than 50,000,
  124  if the administrator certifies that a no psychiatrist or
  125  clinical psychologist is not available to provide the second
  126  opinion, the second opinion may be provided by a licensed
  127  physician who has postgraduate training and experience in
  128  diagnosis and treatment of mental and nervous disorders or by a
  129  psychiatric nurse as defined in s. 394.455(23). Any second
  130  opinion authorized in this subparagraph may be conducted through
  131  a face-to-face examination, in person or by electronic means.
  132  Such a recommendation must be entered on an involuntary
  133  outpatient placement certificate, and the certificate must shall
  134  be made a part of the patient’s clinical record.
  135         Section 4. Subsection (2) of section 394.467, Florida
  136  Statutes, is amended to read:
  137         394.467 Involuntary inpatient placement.—
  138         (2) ADMISSION TO A TREATMENT FACILITY.—A patient may be
  139  retained by a receiving facility or involuntarily placed in a
  140  treatment facility upon the recommendation of the administrator
  141  of the a receiving facility where the patient has been examined
  142  and after adherence to the notice and hearing procedures
  143  provided in s. 394.4599. The recommendation must be supported by
  144  the opinion of a psychiatrist and the second opinion of a
  145  clinical psychologist or another psychiatrist, both of whom have
  146  personally examined the patient within the preceding 72 hours,
  147  that the criteria for involuntary inpatient placement are met.
  148  However, in a county that has a population of fewer counties of
  149  less than 50,000 population, if the administrator certifies that
  150  a no psychiatrist or clinical psychologist is not available to
  151  provide the second opinion, the such second opinion may be
  152  provided by a licensed physician who has with postgraduate
  153  training and experience in diagnosis and treatment of mental and
  154  nervous disorders or by a psychiatric nurse as defined in s.
  155  394.455(23). Any second opinion authorized in this subsection
  156  may be conducted through a face-to-face examination, in person
  157  or by electronic means. Such recommendation shall be entered on
  158  an involuntary inpatient placement certificate that authorizes,
  159  which certificate shall authorize the receiving facility to
  160  retain the patient pending transfer to a treatment facility or
  161  completion of a hearing.
  162         Section 5. This act shall take effect July 1, 2009.