Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 7070
       
       
       
       
       
       
                                Ì322884BÎ322884                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Judiciary (Bean) recommended the following:
       
    1         Senate Substitute for Amendment (817182) 
    2  
    3         Delete lines 1930 - 1963
    4  and insert:
    5         (f) An individual held for examination A patient shall be
    6  examined by a physician, a or clinical psychologist, or a
    7  psychiatric nurse performing within the framework of an
    8  established protocol with a psychiatrist at a receiving facility
    9  without unnecessary delay and may, upon the order of a
   10  physician, be given emergency mental health or substance abuse
   11  treatment if it is determined that such treatment is necessary
   12  for the safety of the individual patient or others. The patient
   13  may not be released by the receiving facility or its contractor
   14  without the documented approval of a psychiatrist, a clinical
   15  psychologist, or, if the receiving facility is a hospital, the
   16  release may also be approved by an attending emergency
   17  department physician with experience in the diagnosis and
   18  treatment of mental and nervous disorders and after completion
   19  of an involuntary examination pursuant to this subsection.
   20  However, a patient may not be held in a receiving facility for
   21  involuntary examination longer than 72 hours.
   22         (g) An individual may not be held for involuntary
   23  examination for more than 72 hours from the time of the
   24  individual’s arrival at the facility, except that this period
   25  may be extended by 48 hours if a physician documents in the
   26  clinical record that the individual has ongoing symptoms of
   27  substance intoxication or substance withdrawal and the
   28  individual would likely experience significant clinical benefit
   29  from detoxification services. This determination must be made
   30  based on a face-to-face examination conducted by the physician
   31  no less than 48 hours and not more than 72 hours after the
   32  individual’s arrival at the facility. Based on the individual’s
   33  needs, one of the following actions must be taken within the
   34  involuntary examination period:
   35         1. The individual shall be released after consultation with
   36  the admitting professional and the approval of a psychiatrist,
   37  psychiatric nurse, psychologist, or substance abuse
   38  professional. However, if the examination is conducted in a
   39  hospital, an emergency department physician may approve the
   40  release or a psychiatric nurse performing within the framework
   41  of an established protocol with a psychiatrist may also approve
   42  the release, except when the involuntary examination has been
   43  initiated by a psychiatrist and the release has not also been
   44  approved by the initiating psychiatrist. If the examination is
   45  conducted in an addictions receiving facility or detoxification
   46  facility, a physician or substance abuse professional may
   47  approve the release. The