Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 1844
       
       
       
       
       
       
                                Ì703898bÎ703898                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/01/2022           .                                
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       The Committee on Children, Families, and Elder Affairs (Bean)
       recommended the following:
       
    1         Senate Substitute for Amendment (678898) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Paragraph (a) of subsection (1) of section
    7  394.4625, Florida Statutes, is amended to read:
    8         394.4625 Voluntary admissions.—
    9         (1) AUTHORITY TO RECEIVE PATIENTS.—
   10         (a) A facility may receive for observation, diagnosis, or
   11  treatment any person 18 years of age or older making application
   12  to the facility by express and informed consent for admission or
   13  any person age 17 years of age or younger under for whom such
   14  application is made by his or her guardian. If found to show
   15  evidence of mental illness;, to be competent to provide express
   16  and informed consent or, for a minor, the express and informed
   17  consent of the minor's guardian;, and to be suitable for
   18  treatment, such person 18 years of age or older may be admitted
   19  to the facility. A person age 17 or under may be admitted only
   20  after a hearing to verify the voluntariness of the consent.
   21         Section 2. Paragraph (a) of subsection (2) of section
   22  394.463, Florida Statutes, is amended to read:
   23         394.463 Involuntary examination.—
   24         (2) INVOLUNTARY EXAMINATION.—
   25         (a) An involuntary examination may be initiated by any one
   26  of the following means:
   27         1. A circuit or county court may enter an ex parte order
   28  stating that a person appears to meet the criteria for
   29  involuntary examination and specifying the findings on which
   30  that conclusion is based. The ex parte order for involuntary
   31  examination must be based on written or oral sworn testimony
   32  that includes specific facts that support the findings. If other
   33  less restrictive means are not available, such as voluntary
   34  appearance for outpatient evaluation, a law enforcement officer,
   35  or other designated agent of the court, shall take the person
   36  into custody and deliver him or her to an appropriate, or the
   37  nearest, facility within the designated receiving system
   38  pursuant to s. 394.462 for involuntary examination. The order of
   39  the court shall be made a part of the patient’s clinical record.
   40  A fee may not be charged for the filing of an order under this
   41  subsection. A facility accepting the patient based on this order
   42  must send a copy of the order to the department within 5 working
   43  days. The order may be submitted electronically through existing
   44  data systems, if available. The order shall be valid only until
   45  the person is delivered to the facility or for the period
   46  specified in the order itself, whichever comes first. If a time
   47  limit is not specified in the order, the order is valid for 7
   48  days after the date that the order was signed.
   49         2. A law enforcement officer may shall take a person who
   50  appears to meet the criteria for involuntary examination into
   51  custody and deliver the person or have him or her delivered to
   52  an appropriate, or the nearest, facility within the designated
   53  receiving system pursuant to s. 394.462 for examination. A law
   54  enforcement officer transporting a person pursuant to this
   55  subparagraph shall consider the person’s mental and behavioral
   56  state and restrain him or her in the least restrictive manner
   57  necessary under the circumstances, especially if the person is a
   58  minor. The officer shall execute a written report detailing the
   59  circumstances under which the person was taken into custody,
   60  which must be made a part of the patient’s clinical record. Any
   61  facility accepting the patient based on this report must send a
   62  copy of the report to the department within 5 working days.
   63         3. A physician, a physician assistant, a clinical
   64  psychologist, a psychiatric nurse, an advanced practice
   65  registered nurse registered under s. 464.0123, a mental health
   66  counselor, a marriage and family therapist, or a clinical social
   67  worker may execute a certificate stating that he or she has
   68  examined a person within the preceding 48 hours and finds that
   69  the person appears to meet the criteria for involuntary
   70  examination and stating the observations upon which that
   71  conclusion is based. If other less restrictive means, such as
   72  voluntary appearance for outpatient evaluation, are not
   73  available, a law enforcement officer shall take into custody the
   74  person named in the certificate and deliver him or her to the
   75  appropriate, or nearest, facility within the designated
   76  receiving system pursuant to s. 394.462 for involuntary
   77  examination. The law enforcement officer shall execute a written
   78  report detailing the circumstances under which the person was
   79  taken into custody. The report and certificate shall be made a
   80  part of the patient’s clinical record. Any facility accepting
   81  the patient based on this certificate must send a copy of the
   82  certificate to the department within 5 working days. The
   83  document may be submitted electronically through existing data
   84  systems, if applicable.
   85  
   86  When sending the order, report, or certificate to the
   87  department, a facility shall, at a minimum, provide information
   88  about which action was taken regarding the patient under
   89  paragraph (g), which information shall also be made a part of
   90  the patient’s clinical record.
   91         Section 3. Section 397.341, Florida Statutes, is created to
   92  read:
   93         397.341 Transportation of individuals by law enforcement
   94  officers.—A law enforcement officer transporting an individual
   95  pursuant to this chapter shall consider the person’s mental and
   96  behavioral state and restrain him or her in the least
   97  restrictive manner necessary under the circumstances, especially
   98  if the individual is a minor.
   99         Section 4. This act shall take effect July 1, 2022.
  100  ================= T I T L E  A M E N D M E N T ================
  101  And the title is amended as follows:
  102         Delete everything before the enacting clause
  103  and insert:
  104                        A bill to be entitled                      
  105         An act relating to mental health and substance abuse;
  106         amending s. 394.4625; requiring the express and
  107         informed consent of a minor's guardian for voluntary
  108         admission of the minor to a receiving facility;
  109         removing a requirement that a hearing be held to
  110         verify the voluntariness of a minor's consent before
  111         his or her admission to a facility; amending s.
  112         394.463; requiring law enforcement officers
  113         transporting individuals for involuntary treatment to
  114         take certain actions; creating s. 397.341; requiring
  115         law enforcement officers transporting individuals for
  116         treatment to take certain actions; providing an
  117         effective date.