Senate Bill sb0908

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    Florida Senate - 2001                                   SB 908

    By Senator Mitchell





    4-820-01                                                See HB

  1                      A bill to be entitled

  2         An act relating to mental health services;

  3         amending s. 394.455, F.S.; providing

  4         definitions of "marriage and family therapist"

  5         and "mental health counselor" for purposes of

  6         "The Florida Mental Health Act"; amending s.

  7         394.463, F.S.; providing that a marriage and

  8         family therapist or a mental health counselor

  9         may execute a certificate for involuntary

10         examination of a person suspected of mental

11         illness; amending ss. 39.407, 394.495, 394.496,

12         394.498, 419.001, 744.704, 984.19, F.S.;

13         conforming cross-references; providing an

14         effective date.

15

16  Be It Enacted by the Legislature of the State of Florida:

17

18         Section 1.  Present subsections (17) through (30) of

19  section 394.455, Florida Statutes, are renumbered as

20  subsections (19) through (32), respectively, and new

21  subsections (17) and (18) are added to that section to read:

22         394.455  Definitions.--As used in this part, unless the

23  context clearly requires otherwise, the term:

24         (17)  "Marriage and family therapist" means a person

25  licensed as a marriage and family therapist under chapter 491.

26         (18)  "Mental health counselor" means a person licensed

27  as a mental health counselor under chapter 491.

28         Section 2.  Paragraph (a) of subsection (2) of section

29  394.463, Florida Statutes, is amended to read:

30         394.463  Involuntary examination.--

31         (2)  INVOLUNTARY EXAMINATION.--

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    Florida Senate - 2001                                   SB 908
    4-820-01                                                See HB




  1         (a)  An involuntary examination may be initiated by any

  2  one of the following means:

  3         1.  A court may enter an ex parte order stating that a

  4  person appears to meet the criteria for involuntary

  5  examination, giving the findings on which that conclusion is

  6  based.  The ex parte order for involuntary examination must be

  7  based on sworn testimony, written or oral.  If other less

  8  restrictive means are not available, such as voluntary

  9  appearance for outpatient evaluation, a law enforcement

10  officer, or other designated agent of the court, shall take

11  the person into custody and deliver him or her to the nearest

12  receiving facility for involuntary examination.  The order of

13  the court shall be made a part of the patient's clinical

14  record.  No fee shall be charged for the filing of an order

15  under this subsection.  Any receiving facility accepting the

16  patient based on this order must send a copy of the order to

17  the Agency for Health Care Administration on the next working

18  day.  The order shall be valid only until executed or, if not

19  executed, for the period specified in the order itself. If no

20  time limit is specified in the order, the order shall be valid

21  for 7 days after the date that the order was signed.

22         2.  A law enforcement officer shall take a person who

23  appears to meet the criteria for involuntary examination into

24  custody and deliver the person or have him or her delivered to

25  the nearest receiving facility for examination.  The officer

26  shall execute a written report detailing the circumstances

27  under which the person was taken into custody, and the report

28  shall be made a part of the patient's clinical record.  Any

29  receiving facility accepting the patient based on this report

30  must send a copy of the report to the Agency for Health Care

31  Administration on the next working day.

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    Florida Senate - 2001                                   SB 908
    4-820-01                                                See HB




  1         3.  A physician, clinical psychologist, psychiatric

  2  nurse, marriage and family therapist, mental health counselor,

  3  or clinical social worker may execute a certificate stating

  4  that he or she has examined a person within the preceding 48

  5  hours and finds that the person appears to meet the criteria

  6  for involuntary examination and stating the observations upon

  7  which that conclusion is based. If other less restrictive

  8  means are not available, such as voluntary appearance for

  9  outpatient evaluation, a law enforcement officer shall take

10  the person named in the certificate into custody and deliver

11  him or her to the nearest receiving facility for involuntary

12  examination. The law enforcement officer shall execute a

13  written report detailing the circumstances under which the

14  person was taken into custody. The report and certificate

15  shall be made a part of the patient's clinical record. Any

16  receiving facility accepting the patient based on this

17  certificate must send a copy of the certificate to the Agency

18  for Health Care Administration on the next working day.

19         Section 3.  Paragraph (b) of subsection (3) and

20  subsection (4) of section 39.407, Florida Statutes, are

21  amended to read:

22         39.407  Medical, psychiatric, and psychological

23  examination and treatment of child; physical or mental

24  examination of parent or person requesting custody of child.--

25         (3)

26         (b)  The judge may also order such child to be

27  evaluated by a psychiatrist or a psychologist or, if a

28  developmental disability is suspected or alleged, by the

29  developmental disability diagnostic and evaluation team of the

30  department.  If it is necessary to place a child in a

31  residential facility for such evaluation, the criteria and

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    Florida Senate - 2001                                   SB 908
    4-820-01                                                See HB




  1  procedure established in s. 394.463(2) or chapter 393 shall be

  2  used, whichever is applicable.

  3         (4)  A judge may order a child in an out-of-home

  4  placement to be treated by a licensed health care professional

  5  based on evidence that the child should receive treatment.

  6  The judge may also order such child to receive mental health

  7  or developmental disabilities services from a psychiatrist,

  8  psychologist, or other appropriate service provider.  Except

  9  as provided in subsection (5), if it is necessary to place the

10  child in a residential facility for such services, the

11  procedures and criteria established in s. 394.467 or chapter

12  393 shall be used, whichever is applicable. A child may be

13  provided developmental disabilities or mental health services

14  in emergency situations, pursuant to the procedures and

15  criteria contained in s. 394.463(1) or chapter 393, whichever

16  is applicable.

17         Section 4.  Subsection (3) of section 394.495, Florida

18  Statutes, is amended to read:

19         394.495  Child and adolescent mental health system of

20  care; programs and services.--

21         (3)  Assessments must be performed by:

22         (a)  A professional as defined in s. 394.455(2), (4),

23  (23), (25), or (26) (21), (23), or (24);

24         (b)  A professional licensed under chapter 491; or

25         (c)  A person who is under the direct supervision of a

26  professional as defined in s. 394.455(2), (4), (23), (25), or

27  (26) (21), (23), or (24) or a professional licensed under

28  chapter 491.

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    Florida Senate - 2001                                   SB 908
    4-820-01                                                See HB




  1  The department shall adopt by rule statewide standards for

  2  mental health assessments, which must be based on current

  3  relevant professional and accreditation standards.

  4         Section 5.  Subsection (6) of section 394.496, Florida

  5  Statutes, is amended to read:

  6         394.496  Service planning.--

  7         (6)  A professional as defined in s. 394.455(2), (4),

  8  (23), (25), or (26) (21), (23), or (24) or a professional

  9  licensed under chapter 491 must be included among those

10  persons developing the services plan.

11         Section 6.  Paragraphs (a) and (c) of subsection (4) of

12  section 394.498, Florida Statutes, are amended to read:

13         394.498  Child and Adolescent Interagency System of

14  Care Demonstration Models.--

15         (4)  ESSENTIAL ELEMENTS.--

16         (a)  In order to be approved as a Child and Adolescent

17  Interagency System of Care Demonstration Model, the applicant

18  must demonstrate its capacity to perform the following

19  functions:

20         1.  Form a consortium of purchasers, which includes at

21  least three of the following agencies:

22         a.  The Mental Health Program and Family Safety and

23  Preservation Program of the Department of Children and Family

24  Services.

25         b.  The Medicaid program of the Agency for Health Care

26  Administration.

27         c.  The local school district.

28         d.  The Department of Juvenile Justice.

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    Florida Senate - 2001                                   SB 908
    4-820-01                                                See HB




  1  Each agency that participates in the consortium shall enter

  2  into a written interagency agreement that defines each

  3  agency's responsibilities.

  4         2.  Establish an oversight body that is responsible for

  5  directing the demonstration model. The oversight body must

  6  include representatives from the state agencies that comprise

  7  the consortium of purchasers under subparagraph 1., as well as

  8  local governmental entities, a juvenile court judge, parents,

  9  and other community entities. The responsibilities of the

10  oversight body must be specified in writing.

11         3.  Select a target population of children and

12  adolescents, regardless of whether the child or adolescent is

13  eligible or ineligible for Medicaid, based on the following

14  parameters:

15         a.  The child or adolescent has a serious emotional

16  disturbance or mental illness, as defined in s. 394.492(6),

17  based on an assessment conducted by a licensed practitioner

18  defined in s. 394.455(2), (4), (23), (25), or (26) (21), (23),

19  or (24) or by a professional licensed under chapter 491;

20         b.  The total service costs per child or adolescent

21  have exceeded $3,000 per month;

22         c.  The child or adolescent has had multiple

23  out-of-home placements;

24         d.  The existing array of services does not effectively

25  meet the needs of the child or adolescent;

26         e.  The case of the child or adolescent has been

27  staffed by a district collaborative planning team and

28  satisfactory results have not been achieved through existing

29  case services plans; and

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    Florida Senate - 2001                                   SB 908
    4-820-01                                                See HB




  1         f.  The parent or legal guardian of the child or

  2  adolescent consents to participating in the demonstration

  3  model.

  4         4.  Select a geographic site for the demonstration

  5  model. A demonstration model may be comprised of one or more

  6  counties and may include multiple service districts of the

  7  Department of Children and Family Services.

  8         5.  Develop a mechanism for selecting the pool of

  9  children and adolescents who meet the criteria specified in

10  this section for participating in the demonstration model.

11         6.  Establish a pooled funding plan that allocates

12  proportionate costs to the purchasers. The plan must address

13  all of the service needs of the child or adolescent, and funds

14  may not be identified in the plan by legislative appropriation

15  category or any other state or federal funding category.

16         a.  The funding plan shall be developed based on an

17  analysis of expenditures made by each participating state

18  agency during the previous 2 fiscal years in which services

19  were provided for the target population or for individuals who

20  have characteristics that are similar to the target

21  population.

22         b.  Based on the results of this cost analysis, funds

23  shall be collected from each of the participating state

24  agencies and deposited into a central financial account.

25         c.  A financial body shall be designated to manage the

26  pool of funds and shall have the capability to pay for

27  individual services specified in a services plan.

28         7.  Identify a care management entity that reports to

29  the oversight body. For purposes of the demonstration models,

30  the term "care management entity" means the entity that

31  assumes responsibility for the organization, planning,

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    Florida Senate - 2001                                   SB 908
    4-820-01                                                See HB




  1  purchasing, and management of mental health treatment services

  2  to the target population in the demonstration model. The care

  3  management entity may not provide direct services to the

  4  target population. The care management entity shall:

  5         a.  Manage the funds of the demonstration model within

  6  budget allocations. The administrative costs associated with

  7  the operation of the demonstration model must be itemized in

  8  the entity's operating budget.

  9         b.  Purchase individual services in a timely manner.

10         c.  Review the completed client assessment information

11  and complete additional assessments that are needed, including

12  an assessment of the strengths of the child or adolescent and

13  his or her family.

14         d.  Organize a child-family team to develop a single,

15  unified services plan for the child or adolescent, in

16  accordance with ss. 394.490-394.497. The team shall include

17  the parents and other family members of the child or

18  adolescent, friends and community-based supporters of the

19  child or adolescent, and appropriate service providers who are

20  familiar with the problems and needs of the child or

21  adolescent and his or her family. The plan must include a

22  statement concerning the strengths of the child or adolescent

23  and his or her family, and must identify the natural supports

24  in the family and the community that might be used in

25  addressing the service needs of the child or adolescent. A

26  copy of the completed service plan shall be provided to the

27  parents of the child or adolescent.

28         e.  Identify a network of providers that meet the

29  requirements of paragraph (b).

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    Florida Senate - 2001                                   SB 908
    4-820-01                                                See HB




  1         f.  Identify informal, unpaid supporters, such as

  2  persons from the child's or adolescent's neighborhood, civic

  3  organizations, clubs, and churches.

  4         g.  Identify additional service providers who can work

  5  effectively with the child or adolescent and his or her

  6  family, including, but not limited to, a home health aide,

  7  mentor, respite care worker, and in-home behavioral health

  8  care worker.

  9         h.  Implement a case management system that

10  concentrates on the strengths of the child or adolescent and

11  his or her family and uses these strengths in case planning

12  and implementation activities. The case manager is primarily

13  responsible for developing the services plan and shall report

14  to the care management entity. The case manager shall monitor

15  and oversee the services provided by the network of providers.

16  The parents must be informed about contacting the care

17  management entity or comparable entity to address concerns of

18  the parents.

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20  Each person or organization that performs any of the care

21  management responsibilities specified in this subparagraph is

22  responsible only to the care management entity. However, such

23  care management responsibilities do not preclude the person or

24  organization from performing other responsibilities for

25  another agency or provider.

26         8.  Develop a mechanism for measuring compliance with

27  the goals of the demonstration models specified in subsection

28  (2), which mechanism includes qualitative and quantitative

29  performance outcomes, report on compliance rates, and conduct

30  quality improvement functions. At a minimum, the mechanism for

31  measuring compliance must include the outcomes and measures

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    Florida Senate - 2001                                   SB 908
    4-820-01                                                See HB




  1  established in the General Appropriations Act and the outcomes

  2  and measures that are unique to the demonstration models.

  3         9.  Develop mechanisms to ensure that family

  4  representatives have a substantial role in planning the

  5  demonstration model and in designing the instrument for

  6  measuring the effectiveness of services provided.

  7         10.  Develop and monitor grievance procedures.

  8         11.  Develop policies to ensure that a child or

  9  adolescent is not rejected or ejected from the demonstration

10  model because of a clinical condition or a specific service

11  need.

12         12.  Develop policies to require that a participating

13  state agency remains a part of the demonstration model for its

14  entire duration.

15         13.  Obtain training for the staff involved in all

16  aspects of the project.

17         (c)  In order for children, adolescents, and families

18  of children and adolescents to receive timely and effective

19  services, the basic provider network identified in each

20  demonstration model must be well designed and managed. The

21  provider network should be able to meet the needs of a

22  significant proportion of the target population. The applicant

23  must demonstrate the capability to manage the network of

24  providers for the purchasers that participate in the

25  demonstration model. The applicant must demonstrate its

26  ability to perform the following network management functions:

27         1.  Identify providers within the designated area of

28  the demonstration model which are currently funded by the

29  state agencies included in the model, and identify additional

30  providers that are needed to provide additional services for

31  the target population. The network of providers may include:

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    Florida Senate - 2001                                   SB 908
    4-820-01                                                See HB




  1         a.  Licensed mental health professionals as defined in

  2  s. 394.455(2), (4), (23), (25), or (26) (21), (23), or (24);

  3         b.  Professionals licensed under chapter 491;

  4         c.  Teachers certified under s. 231.17;

  5         d.  Facilities licensed under chapter 395, as a

  6  hospital; s. 394.875, as a crisis stabilization unit or

  7  short-term residential facility; or s. 409.175, as a

  8  residential child-caring agency; and

  9         e.  Other community agencies.

10         2.  Define access points and service linkages of

11  providers in the network.

12         3.  Define the ways in which providers and

13  participating state agencies are expected to collaborate in

14  providing services.

15         4.  Define methods to measure the collective

16  performance outcomes of services provided by providers and

17  state agencies, measure the performance of individual

18  agencies, and implement a quality improvement process across

19  the provider network.

20         5.  Develop brochures for family members which are

21  written in understandable terminology, to help families

22  identify appropriate service providers, choose the provider,

23  and access care directly whenever possible.

24         6.  Ensure that families are given a substantial role

25  in planning and monitoring the provider network.

26         7.  Train all providers with respect to the principles

27  of care outlined in this section, including effective

28  techniques of cooperation, the wraparound process and

29  strengths-based assessment, the development of service plans,

30  and techniques of case management.

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    Florida Senate - 2001                                   SB 908
    4-820-01                                                See HB




  1         Section 7.  Paragraph (d) of subsection (1) of section

  2  419.001, Florida Statutes, is amended to read:

  3         419.001  Site selection of community residential

  4  homes.--

  5         (1)  For the purposes of this section, the following

  6  definitions shall apply:

  7         (d)  "Resident" means any of the following:  a frail

  8  elder as defined in s. 400.618; a physically disabled or

  9  handicapped person as defined in s. 760.22(7)(a); a

10  developmentally disabled person as defined in s. 393.063(12);

11  a nondangerous mentally ill person as defined in s.

12  394.455(20)(18); or a child as defined in s. 39.01(14), s.

13  984.03(9) or (12), or s. 985.03(8).

14         Section 8.  Subsection (7) of section 744.704, Florida

15  Statutes, is amended to read:

16         744.704  Powers and duties.--

17         (7)  A public guardian shall not commit a ward to a

18  mental health treatment facility, as defined in s.

19  394.455(32)(30), without an involuntary placement proceeding

20  as provided by law.

21         Section 9.  Subsections (3) and (4) of section 984.19,

22  Florida Statutes, are amended to read:

23         984.19  Medical, psychiatric, and psychological

24  examination and treatment of child; physical or mental

25  examination of parent, guardian, or person requesting custody

26  of child.--

27         (3)  A judge may order that a child alleged to be or

28  adjudicated a child in need of services be examined by a

29  licensed health care professional. The judge may also order

30  such child to be evaluated by a psychiatrist or a

31  psychologist, by a district school board educational needs

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    Florida Senate - 2001                                   SB 908
    4-820-01                                                See HB




  1  assessment team, or, if a developmental disability is

  2  suspected or alleged, by the developmental disability

  3  diagnostic and evaluation team of the Department of Children

  4  and Family Services.  The judge may order a family assessment

  5  if that assessment was not completed at an earlier time.  If

  6  it is necessary to place a child in a residential facility for

  7  such evaluation, then the criteria and procedure established

  8  in s. 394.463(2) or chapter 393 shall be used, whichever is

  9  applicable.  The educational needs assessment provided by the

10  district school board educational needs assessment team shall

11  include, but not be limited to, reports of intelligence and

12  achievement tests, screening for learning disabilities and

13  other handicaps, and screening for the need for alternative

14  education pursuant to s. 230.2316.

15         (4)  A judge may order that a child alleged to be or

16  adjudicated a child in need of services be treated by a

17  licensed health care professional. The judge may also order

18  such child to receive mental health or retardation services

19  from a psychiatrist, psychologist, or other appropriate

20  service provider. If it is necessary to place the child in a

21  residential facility for such services, then the procedures

22  and criteria established in s. 394.467 or chapter 393 shall be

23  used, whichever is applicable. A child may be provided mental

24  health or retardation services in emergency situations,

25  pursuant to the procedures and criteria contained in s.

26  394.463(1) or chapter 393, whichever is applicable.

27         Section 10.  This act shall take effect upon becoming a

28  law.

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    Florida Senate - 2001                                   SB 908
    4-820-01                                                See HB




  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3
      Adds marriage and family therapist and mental health
  4    counselors to the list of professionals authorized to
      execute a certificate for involuntary examination of a
  5    person suspected of mental illness under The Florida
      Mental Health Act.
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