Florida Senate - 2018                                     SB 202
       
       
        
       By Senator Steube
       
       
       
       
       
       23-00040-18                                            2018202__
    1                        A bill to be entitled                      
    2         An act relating to mental health and substance abuse;
    3         amending s. 397.675, F.S.; revising the criteria for
    4         involuntary admission for behavioral health services
    5         due to substance abuse; amending s. 397.6772, F.S.;
    6         revising duties of a law enforcement officer with
    7         respect to transporting a person for involuntary
    8         admission to a hospital or licensed detoxification or
    9         addictions receiving facility or detaining such person
   10         in a detention facility for a specified time under
   11         certain conditions; amending ss. 397.6793, 397.6798,
   12         397.6814, and 397.6951, F.S.; revising provisions
   13         relating to emergency admission, alternative
   14         involuntary assessment of minors, and contents of
   15         petitions for involuntary assessment and stabilization
   16         and involuntary services to include additional
   17         criteria for involuntary admission; amending s.
   18         397.6957, F.S.; providing additional requirements for
   19         a hearing on a petition for involuntary services;
   20         amending s. 397.697, F.S.; requiring a respondent to
   21         be released from involuntary substance abuse treatment
   22         if the court makes certain determinations regarding
   23         the respondent; providing an effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Section 397.675, Florida Statutes, is amended to
   28  read:
   29         397.675 Criteria for involuntary admissions, including
   30  protective custody, emergency admission, and other involuntary
   31  assessment, involuntary treatment, and alternative involuntary
   32  assessment for minors, for purposes of assessment and
   33  stabilization, and for involuntary treatment.—A person meets the
   34  criteria for involuntary admission if:
   35         (1)Within 24 hours before the initiation of the
   36  assessment, within 24 hours before coming into contact with a
   37  law enforcement officer, or while in contact with a law
   38  enforcement officer, the person has been resuscitated through
   39  the administration of a pharmacologic agent designed to reverse
   40  the pathophysiologic effects of a mood-altering or addictive
   41  substance when such substance was used in a nonmedical setting
   42  or in a manner that demonstrates a reckless disregard for the
   43  instructions for self-administration; or
   44         (2) There is good faith reason to believe that the person
   45  is substance abuse impaired or has a co-occurring mental health
   46  disorder and, because of such impairment or disorder,:
   47         (1) has lost the power of self-control with respect to
   48  substance abuse; and:
   49         (2)(a) The person needs is in need of substance abuse
   50  services and, by reason of substance abuse impairment, his or
   51  her judgment has been so impaired that he or she is incapable of
   52  appreciating his or her need for such services and of making a
   53  rational decision in that regard, although mere refusal to
   54  receive such services does not constitute evidence of lack of
   55  judgment with respect to his or her need for such services; or
   56         (b) Without care or treatment, the person is likely to
   57  suffer from neglect or refuse to care for himself or herself;
   58  that such neglect or refusal poses a real and present threat of
   59  substantial harm to his or her well-being; and that it is not
   60  apparent that such harm may be avoided through the help of
   61  willing family members or friends or the provision of other
   62  services, or there is substantial likelihood that the person has
   63  inflicted, or threatened to or attempted to inflict, or, unless
   64  admitted, is likely to inflict, physical harm on himself,
   65  herself, or another.
   66         Section 2. Present subsection (2) of section 397.6772,
   67  Florida Statutes, is redesignated as subsection (3), and a new
   68  subsection (2) is added to that section, to read:
   69         397.6772 Protective custody without consent.—
   70         (2)A law enforcement officer shall take a person meeting
   71  the criteria for involuntary admission under s. 397.675(1) into
   72  custody and deliver him or her to a hospital or to a licensed
   73  detoxification or addictions receiving facility. The law
   74  enforcement officer may detain the person for his or her own
   75  protection in an appropriate detention facility, including, but
   76  not limited to, a municipal or county jail, until the person can
   77  be transported to a hospital or to a licensed detoxification or
   78  addictions receiving facility. A person may not be held against
   79  his or her will by a law enforcement officer for more than 72
   80  hours without being transported to a hospital or to a licensed
   81  detoxification or addictions receiving facility. The 72-hour
   82  limit may be exceeded, however, if a petition for involuntary
   83  assessment or treatment has been timely filed pursuant to s.
   84  397.6773(2).
   85         Section 3. Subsection (1) of section 397.6793, Florida
   86  Statutes, is amended to read:
   87         397.6793 Professional’s certificate for emergency
   88  admission.—
   89         (1) A physician, a clinical psychologist, a physician
   90  assistant working under the scope of practice of the supervising
   91  physician, a psychiatric nurse, an advanced registered nurse
   92  practitioner, a mental health counselor, a marriage and family
   93  therapist, a master’s-level-certified addictions professional
   94  for substance abuse services, or a clinical social worker may
   95  execute a professional’s certificate for emergency admission.
   96  The professional’s certificate must include the name of the
   97  person to be admitted, the relationship between the person and
   98  the professional executing the certificate, the relationship
   99  between the applicant and the professional, any relationship
  100  between the professional and the licensed service provider, a
  101  statement that the person has been examined and assessed within
  102  the preceding 5 days after the application date, and factual
  103  allegations with respect to the need for emergency admission,
  104  including:
  105         (a)1.A finding by the professional that the person meets
  106  the criteria for involuntary admission under s. 397.675(1); or
  107         2.(a) The reason for the professional’s belief that the
  108  person is substance abuse impaired.;
  109         (b) The reason for the professional’s belief that because
  110  of such impairment the person has lost the power of self-control
  111  with respect to substance abuse; and:
  112         (c)1. The reason for the belief that, Without care or
  113  treatment, the person is likely to suffer from neglect or refuse
  114  to care for himself or herself; that such neglect or refusal
  115  poses a real and present threat of substantial harm to his or
  116  her well-being; and that it is not apparent that such harm may
  117  be avoided through the help of willing family members or friends
  118  or the provision of other services, or there is substantial
  119  likelihood that the person has inflicted or, unless admitted, is
  120  likely to inflict, physical harm on himself, herself, or
  121  another; or
  122         2. The reason for the belief that The person’s refusal to
  123  voluntarily receive care is based on judgment so impaired by
  124  reason of substance abuse that the person is incapable of
  125  appreciating his or her need for care and of making a rational
  126  decision regarding that his or her need for care.
  127         Section 4. Subsection (2) of section 397.6798, Florida
  128  Statutes, is amended to read:
  129         397.6798 Alternative involuntary assessment procedure for
  130  minors.—
  131         (2) An application for alternative involuntary assessment
  132  for a minor must establish the need for immediate involuntary
  133  admission and contain the name of the minor to be admitted, the
  134  name and signature of the applicant, the relationship between
  135  the minor to be admitted and the applicant, and:
  136         (a)1.An attestation by the applicant that the person meets
  137  the criteria for involuntary admission under s. 397.675(1); or
  138         2. Factual allegations with respect to:
  139         (a) the reason for the applicant’s belief that the minor is
  140  substance abuse impaired.; and
  141         (b) The reason for the applicant’s belief that because of
  142  such impairment the minor has lost the power of self-control
  143  with respect to substance abuse; and: either
  144         (c)1. The reason the applicant believes that the minor Has
  145  inflicted or is likely to inflict physical harm on himself or
  146  herself or others unless admitted; or
  147         2. The reason the applicant believes that The minor’s
  148  refusal to voluntarily receive substance abuse services is based
  149  on judgment so impaired by reason of substance abuse that the
  150  minor he or she is incapable of appreciating his or her need for
  151  such services and of making a rational decision regarding that
  152  his or her need for services.
  153         Section 5. Section 397.6814, Florida Statutes, is amended
  154  to read:
  155         397.6814 Involuntary assessment and stabilization; contents
  156  of petition.—A petition for involuntary assessment and
  157  stabilization must contain the name of the respondent, the name
  158  of the applicant or applicants, the relationship between the
  159  respondent and the applicant, and the name of the respondent’s
  160  attorney, if known, and must state facts to support the need for
  161  involuntary assessment and stabilization, including:
  162         (1)(a)An attestation by the applicant that the person
  163  meets the criteria for involuntary admission under s.
  164  397.675(1); or
  165         (b)(1) The reason for the petitioner’s belief that the
  166  respondent is substance abuse impaired.;
  167         (2) The reason for the petitioner’s belief that because of
  168  such impairment the respondent has lost the power of self
  169  control with respect to substance abuse; and:
  170         (3)(a) The reason the petitioner believes that the
  171  respondent Has inflicted or is likely to inflict physical harm
  172  on himself or herself or others unless admitted; or
  173         (b) The reason the petitioner believes that The
  174  respondent’s refusal to voluntarily receive care is based on
  175  judgment so impaired by reason of substance abuse that the
  176  respondent is incapable of appreciating his or her need for care
  177  and of making a rational decision regarding that need for care.
  178  If the respondent has refused to submit to an assessment, such
  179  refusal must be alleged in the petition.
  180  
  181  A fee may not be charged for the filing of a petition pursuant
  182  to this section.
  183         Section 6. Section 397.6951, Florida Statutes, is amended
  184  to read:
  185         397.6951 Contents of petition for involuntary services.—A
  186  petition for involuntary services must contain the name of the
  187  respondent; the name of the petitioner or petitioners; the
  188  relationship between the respondent and the petitioner; the name
  189  of the respondent’s attorney, if known; the findings and
  190  recommendations of the assessment performed by the qualified
  191  professional; and the factual allegations presented by the
  192  petitioner establishing the need for involuntary outpatient
  193  services. The factual allegations must demonstrate:
  194         (1)(a)An attestation by the applicant that the person
  195  meets the criteria for involuntary admission under s.
  196  397.675(1); or
  197         (b)(1) The reason for the petitioner’s belief that the
  198  respondent is substance abuse impaired.;
  199         (2) The reason for the petitioner’s belief that because of
  200  such impairment the respondent has lost the power of self
  201  control with respect to substance abuse; and:
  202         (3)(a) The reason the petitioner believes that the
  203  respondent Has inflicted or is likely to inflict physical harm
  204  on himself or herself or others unless the court orders the
  205  involuntary services; or
  206         (b) The reason the petitioner believes that The
  207  respondent’s refusal to voluntarily receive care is based on
  208  judgment so impaired by reason of substance abuse that the
  209  respondent is incapable of appreciating his or her need for care
  210  and of making a rational decision regarding that need for care.
  211         Section 7. Subsection (2) of section 397.6957, Florida
  212  Statutes, is amended to read:
  213         397.6957 Hearing on petition for involuntary services.—
  214         (2) The petitioner has the burden of showing proving by
  215  clear and convincing evidence that:
  216         (a) the respondent is substance abuse impaired and has a
  217  history of lack of compliance with treatment for substance
  218  abuse; and:
  219         (a)The respondent meets the criteria for involuntary
  220  admission under s. 397.675(1); or
  221         (b) Because of such impairment the respondent is unlikely
  222  to voluntarily participate in the recommended services or is
  223  unable to determine for himself or herself whether services are
  224  necessary and:
  225         1. Without services, the respondent is likely to suffer
  226  from neglect or refuse to care for himself or herself; that such
  227  neglect or refusal poses a real and present threat of
  228  substantial harm to his or her well-being; and that there is a
  229  substantial likelihood that without services the respondent will
  230  cause serious bodily harm to himself, herself, or another in the
  231  near future, as evidenced by recent behavior; or
  232         2. The respondent’s refusal to voluntarily receive care is
  233  based on judgment so impaired by reason of substance abuse that
  234  the respondent is incapable of appreciating his or her need for
  235  care and of making a rational decision regarding that need for
  236  care.
  237         Section 8. Section 397.697, Florida Statutes, is amended to
  238  read:
  239         397.697 Court determination; effect of court order for
  240  involuntary services.—
  241         (1) When the court finds that the conditions for
  242  involuntary services have been shown proved by clear and
  243  convincing evidence, it may order the respondent to receive
  244  involuntary services from a publicly funded licensed service
  245  provider for a period not to exceed 90 days. The court may also
  246  order a respondent to undergo treatment through a privately
  247  funded licensed service provider if the respondent has the
  248  ability to pay for the treatment, or if any person on the
  249  respondent’s behalf voluntarily demonstrates a willingness and
  250  an ability to pay for the treatment. If the court finds it
  251  necessary, it may direct the sheriff to take the respondent into
  252  custody and deliver him or her to the licensed service provider
  253  specified in the court order, or to the nearest appropriate
  254  licensed service provider, for involuntary services.
  255         (2) When the court determines that the respondent has
  256  regained the power of self-control with respect to substance
  257  abuse and is not likely to inflict physical harm on himself or
  258  herself or others conditions justifying involuntary services no
  259  longer exist, the respondent individual must be released as
  260  provided in s. 397.6971. When the conditions specified in
  261  subsection (1) justifying involuntary services are expected to
  262  exist after 90 days of services, a renewal of the involuntary
  263  services order may be requested pursuant to s. 397.6975 before
  264  the end of the 90-day period.
  265         (3)(2) In all cases resulting in an order for involuntary
  266  services, the court shall retain jurisdiction over the case and
  267  the parties for the entry of such further orders as the
  268  circumstances may require. The court’s requirements for
  269  notification of proposed release must be included in the
  270  original order.
  271         (4)(3) An involuntary services order authorizes the
  272  licensed service provider to require the respondent individual
  273  to receive services that will benefit him or her, including
  274  services at any licensable service component of a licensed
  275  service provider.
  276         (5)(4) If the court orders involuntary services, a copy of
  277  the order must be sent to the managing entity within 1 working
  278  day after it is received from the court. Documents may be
  279  submitted electronically through though existing data systems,
  280  if applicable.
  281         Section 9. This act shall take effect July 1, 2018.