CS for CS for SB 456 Second Engrossed
2009456e2
1 A bill to be entitled
2 An act relating to mental illness; providing a short
3 title; amending s. 394.455, F.S.; defining the term
4 “electronic means”; amending s. 394.462, F.S.;
5 requiring a law enforcement agency that transports
6 persons to a receiving facility to have a memorandum
7 of understanding with the facility; requiring that
8 custody of a person who is transported to a receiving
9 or treatment facility be relinquished to a responsible
10 person at the facility; amending ss. 394.4655 and
11 394.467, F.S.; specifying that a psychiatric
12 examination by certain personnel be conducted face-to
13 face, in person or by electronic means; providing an
14 effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. This act may be cited as the “Deputy Anthony
19 Forgione Act.”
20 Section 2. Subsection (38) is added to section 394.455,
21 Florida Statutes, to read:
22 394.455 Definitions.—As used in this part, unless the
23 context clearly requires otherwise, the term:
24 (38) “Electronic means” means a form of telecommunication
25 that requires all parties to maintain visual as well as audio
26 communication.
27 Section 3. Present paragraphs (k) and (l) of subsection (1)
28 of section 394.462, Florida Statutes, are redesignated as
29 paragraphs (l) and (m), respectively, a new paragraph (k) is
30 added to that subsection, present subsection (3) of that section
31 is renumbered as subsection (4), and a new subsection (3) is
32 added to that section, to read:
33 394.462 Transportation.—
34 (1) TRANSPORTATION TO A RECEIVING FACILITY.—
35 (k) Each law enforcement agency shall develop a memorandum
36 of understanding with each receiving facility within the law
37 enforcement agency’s jurisdiction which reflects a single set of
38 protocols for the safe and secure transportation of the person
39 and transfer of custody of the person. These protocols must also
40 address crisis-intervention measures.
41 (3) TRANSFER OF CUSTODY.—Custody of a person who is
42 transported pursuant to this part, along with related
43 documentation, shall be relinquished to a responsible individual
44 at the appropriate receiving or treatment facility.
45 Section 4. Paragraphs (a) and (b) of subsection (2) of
46 section 394.4655, Florida Statutes, are amended to read:
47 394.4655 Involuntary outpatient placement.—
48 (2) INVOLUNTARY OUTPATIENT PLACEMENT.—
49 (a)1. A patient who is being recommended for involuntary
50 outpatient placement by may be retained by a receiving facility
51 upon the recommendation of the administrator of the a receiving
52 facility where the patient has been examined may be retained by
53 the facility and after adherence to the notice of hearing
54 procedures provided in s. 394.4599. The recommendation must be
55 supported by the opinion of a psychiatrist and the second
56 opinion of a clinical psychologist or another psychiatrist, both
57 of whom have personally examined the patient within the
58 preceding 72 hours, that the criteria for involuntary outpatient
59 placement are met. However, in a county having a population of
60 fewer than 50,000, if the administrator certifies that a no
61 psychiatrist or clinical psychologist is not available to
62 provide the second opinion, the second opinion may be provided
63 by a licensed physician who has postgraduate training and
64 experience in diagnosis and treatment of mental and nervous
65 disorders or by a psychiatric nurse as defined in this chapter.
66 Any second opinion authorized in this subparagraph may be
67 conducted through a face-to-face examination, in person or by
68 electronic means. Such a recommendation must be entered on an
69 involuntary outpatient placement certificate that authorizes,
70 which certificate must authorize the receiving facility to
71 retain the patient pending completion of a hearing. The
72 certificate shall be made a part of the patient’s clinical
73 record.
74 2. If the patient has been stabilized and no longer meets
75 the criteria for involuntary examination pursuant to s.
76 394.463(1), the patient must be released from the receiving
77 facility while awaiting the hearing for involuntary outpatient
78 placement. Before Prior to filing a petition for involuntary
79 outpatient treatment, the administrator of a receiving facility
80 or a designated department representative must shall identify
81 the service provider that will have primary responsibility for
82 service provision under an order for involuntary outpatient
83 placement, unless the person is otherwise participating in
84 outpatient psychiatric treatment and is not in need of public
85 financing for that treatment, in which case the individual, if
86 eligible, may be ordered to involuntary treatment pursuant to
87 the existing psychiatric treatment relationship.
88 3. The service provider shall prepare a written proposed
89 treatment plan in consultation with the patient or the patient’s
90 guardian advocate, if appointed, for the court’s consideration
91 for inclusion in the involuntary outpatient placement order. The
92 service provider shall also provide a copy of the proposed
93 treatment plan to the patient and the administrator of the
94 receiving facility. The treatment plan must specify the nature
95 and extent of the patient’s mental illness,. The treatment plan
96 must address the reduction of symptoms that necessitate
97 involuntary outpatient placement, and include measurable goals
98 and objectives for the services and treatment that are provided
99 to treat the person’s mental illness and to assist the person in
100 living and functioning in the community or to attempt to prevent
101 a relapse or deterioration. Service providers may select and
102 supervise provide supervision to other individuals to implement
103 specific aspects of the treatment plan. The services in the
104 treatment plan must be deemed to be clinically appropriate by a
105 physician, clinical psychologist, psychiatric nurse, mental
106 health counselor, marriage and family therapist, or clinical
107 social worker, as defined in this chapter, who consults with, or
108 is employed or contracted by, the service provider. The service
109 provider must certify to the court in the proposed treatment
110 plan whether sufficient services for improvement and
111 stabilization are currently available and whether the service
112 provider agrees to provide those services. If the service
113 provider certifies that the services in the proposed treatment
114 plan are not available, the petitioner may not file the
115 petition.
116 (b) If a patient in involuntary inpatient placement meets
117 the criteria for involuntary outpatient placement, the
118 administrator of the treatment facility may, before the
119 expiration of the period during which the treatment facility is
120 authorized to retain the patient, recommend involuntary
121 outpatient placement. The recommendation must be supported by
122 the opinion of a psychiatrist and the second opinion of a
123 clinical psychologist or another psychiatrist, both of whom have
124 personally examined the patient within the preceding 72 hours,
125 that the criteria for involuntary outpatient placement are met.
126 However, in a county having a population of fewer than 50,000,
127 if the administrator certifies that a no psychiatrist or
128 clinical psychologist is not available to provide the second
129 opinion, the second opinion may be provided by a licensed
130 physician who has postgraduate training and experience in
131 diagnosis and treatment of mental and nervous disorders or by a
132 psychiatric nurse as defined in s. 394.455(23). Any second
133 opinion authorized in this subparagraph may be conducted through
134 a face-to-face examination, in person or by electronic means.
135 Such a recommendation must be entered on an involuntary
136 outpatient placement certificate, and the certificate must shall
137 be made a part of the patient’s clinical record.
138 Section 5. Subsection (2) of section 394.467, Florida
139 Statutes, is amended to read:
140 394.467 Involuntary inpatient placement.—
141 (2) ADMISSION TO A TREATMENT FACILITY.—A patient may be
142 retained by a receiving facility or involuntarily placed in a
143 treatment facility upon the recommendation of the administrator
144 of the a receiving facility where the patient has been examined
145 and after adherence to the notice and hearing procedures
146 provided in s. 394.4599. The recommendation must be supported by
147 the opinion of a psychiatrist and the second opinion of a
148 clinical psychologist or another psychiatrist, both of whom have
149 personally examined the patient within the preceding 72 hours,
150 that the criteria for involuntary inpatient placement are met.
151 However, in a county that has a population of fewer counties of
152 less than 50,000 population, if the administrator certifies that
153 a no psychiatrist or clinical psychologist is not available to
154 provide the second opinion, the such second opinion may be
155 provided by a licensed physician who has with postgraduate
156 training and experience in diagnosis and treatment of mental and
157 nervous disorders or by a psychiatric nurse as defined in s.
158 394.455(23). Any second opinion authorized in this subsection
159 may be conducted through a face-to-face examination, in person
160 or by electronic means. Such recommendation shall be entered on
161 an involuntary inpatient placement certificate that authorizes,
162 which certificate shall authorize the receiving facility to
163 retain the patient pending transfer to a treatment facility or
164 completion of a hearing.
165 Section 6. This act shall take effect July 1, 2009.