Senate Bill sb1850er
CODING: Words stricken are deletions; words underlined are additions.
    ENROLLED
    2006 Legislature                        SB 1850, 1st Engrossed
  1                                 
  2         An act relating to programs of the Department
  3         of Children and Family Services; amending s.
  4         394.455, F.S.; providing and revising
  5         definitions; amending s. 394.463, F.S.;
  6         providing that a marriage and family therapist
  7         may execute a certificate for involuntary
  8         examination; amending s. 394.4655, F.S.;
  9         providing that a marriage and family therapist
10         or mental health counselor may deem a services
11         treatment plan clinically appropriate for an
12         involuntary outpatient placement; amending s.
13         394.467, F.S.; requiring that documentation of
14         any evaluation performed by a marriage and
15         family therapist or mental health counselor be
16         provided when a patient is ordered for
17         involuntary inpatient placement; amending s.
18         383.0115, F.S.; deleting a provision that
19         repeals the Commission on Marriage and Family
20         Support Initiatives; directing the Department
21         of Children and Family Services to advise the
22         Legislature when the commission ceases to be
23         essential; amending s. 397.451, F.S.; requiring
24         service provider personnel who request an
25         exemption from disqualification to submit the
26         request within a certain time after
27         notification of the disqualification; deleting
28         a provision specifying that service provider
29         personnel shall not be adversely affected
30         pending disposition of an exemption from
31         disqualification; deleting a provision
                                  1
CODING: Words stricken are deletions; words underlined are additions.
    ENROLLED
    2006 Legislature                        SB 1850, 1st Engrossed
 1         requiring immediate dismissal of service
 2         provider personnel upon disapproval of a
 3         request for an exemption; prohibiting the
 4         department from issuing a regular license to a
 5         service provider that fails to provide proof
 6         that background screening information has been
 7         submitted providing that upon notification of
 8         the disqualification, the service provider
 9         shall comply with requirements regarding
10         exclusions from employment in s. 435.06, F.S.;
11         repealing s. 3, ch. 2003-279, Laws of Florida;
12         requiring the Department of Children and Family
13         Services, the Agency for Persons with
14         Disabilities, the Department of Health, the
15         Agency for Health Care Administration, and the
16         Department of Elderly Affairs to convene a
17         workgroup for the purpose of implementing a
18         statewide system for ensuring the provision of
19         services for adults with disabilities;
20         requiring that the Department of Children and
21         Family Services coordinate the workgroup;
22         requiring the workgroup to report to the
23         Governor and the Legislature by a specified
24         date; requiring the participating agencies to
25         support the expenses of workgroup members;
26         requiring that the recommendations of the
27         workgroup be incorporated into certain
28         interagency agreements; abrogating the repeal
29         of s. 20.19(2)(c) and (4)(b)6. and 8., F.S.,
30         relating to the appointment of certain mental
31         health and substance abuse positions and the
                                  2
CODING: Words stricken are deletions; words underlined are additions.
    ENROLLED
    2006 Legislature                        SB 1850, 1st Engrossed
 1         establishment of program offices for mental
 2         health and substance abuse; providing an
 3         effective date.
 4  
 5  Be It Enacted by the Legislature of the State of Florida:
 6  
 7         Section 1.  Subsection (31) of section 394.455, Florida
 8  Statutes, is amended, and subsections (34) and (35) are added
 9  to that section, to read:
10         394.455  Definitions.--As used in this part, unless the
11  context clearly requires otherwise, the term:
12         (31)  "Service provider" means any public or private
13  receiving facility, an entity under contract with the
14  Department of Children and Family Services to provide mental
15  health services, a clinical psychologist, a clinical social
16  worker, a marriage and family therapist, a mental health
17  counselor, a physician, psychiatric nurse as defined in
18  subsection (23), or a community mental health center or clinic
19  as defined in this part.
20         (34)  "Marriage and family therapist" means a person
21  licensed as a marriage and family therapist under chapter 491.
22         (35)  "Mental health counselor" means a person licensed
23  as a mental health counselor under chapter 491.
24         Section 2.  Paragraph (a) of subsection (2) of section
25  394.463, Florida Statutes, is amended to read:
26         394.463  Involuntary examination.--
27         (2)  INVOLUNTARY EXAMINATION.--
28         (a)  An involuntary examination may be initiated by any
29  one of the following means:
30         1.  A court may enter an ex parte order stating that a
31  person appears to meet the criteria for involuntary
                                  3
CODING: Words stricken are deletions; words underlined are additions.
    ENROLLED
    2006 Legislature                        SB 1850, 1st Engrossed
 1  examination, giving the findings on which that conclusion is
 2  based. The ex parte order for involuntary examination must be
 3  based on sworn testimony, written or oral. If other less
 4  restrictive means are not available, such as voluntary
 5  appearance for outpatient evaluation, a law enforcement
 6  officer, or other designated agent of the court, shall take
 7  the person into custody and deliver him or her to the nearest
 8  receiving facility for involuntary examination. The order of
 9  the court shall be made a part of the patient's clinical
10  record. No fee shall be charged for the filing of an order
11  under this subsection. Any receiving facility accepting the
12  patient based on this order must send a copy of the order to
13  the Agency for Health Care Administration on the next working
14  day. The order shall be valid only until executed or, if not
15  executed, for the period specified in the order itself. If no
16  time limit is specified in the order, the order shall be valid
17  for 7 days after the date that the order was signed.
18         2.  A law enforcement officer shall take a person who
19  appears to meet the criteria for involuntary examination into
20  custody and deliver the person or have him or her delivered to
21  the nearest receiving facility for examination. The officer
22  shall execute a written report detailing the circumstances
23  under which the person was taken into custody, and the report
24  shall be made a part of the patient's clinical record. Any
25  receiving facility accepting the patient based on this report
26  must send a copy of the report to the Agency for Health Care
27  Administration on the next working day.
28         3.  A physician, clinical psychologist, psychiatric
29  nurse, mental health counselor, marriage and family therapist,
30  or clinical social worker may execute a certificate stating
31  that he or she has examined a person within the preceding 48
                                  4
CODING: Words stricken are deletions; words underlined are additions.
    ENROLLED
    2006 Legislature                        SB 1850, 1st Engrossed
 1  hours and finds that the person appears to meet the criteria
 2  for involuntary examination and stating the observations upon
 3  which that conclusion is based. If other less restrictive
 4  means are not available, such as voluntary appearance for
 5  outpatient evaluation, a law enforcement officer shall take
 6  the person named in the certificate into custody and deliver
 7  him or her to the nearest receiving facility for involuntary
 8  examination. The law enforcement officer shall execute a
 9  written report detailing the circumstances under which the
10  person was taken into custody. The report and certificate
11  shall be made a part of the patient's clinical record. Any
12  receiving facility accepting the patient based on this
13  certificate must send a copy of the certificate to the Agency
14  for Health Care Administration on the next working day.
15         Section 3.  Paragraphs (a) and (c) of subsection (2) of
16  section 394.4655, Florida Statutes, are amended to read:
17         394.4655  Involuntary outpatient placement.--
18         (2)  INVOLUNTARY OUTPATIENT PLACEMENT.--
19         (a)1.  A patient may be retained by a receiving
20  facility upon the recommendation of the administrator of a
21  receiving facility where the patient has been examined and
22  after adherence to the notice of hearing procedures provided
23  in s. 394.4599. The recommendation must be supported by the
24  opinion of a psychiatrist and the second opinion of a clinical
25  psychologist or another psychiatrist, both of whom have
26  personally examined the patient within the preceding 72 hours,
27  that the criteria for involuntary outpatient placement are
28  met. However, in a county having a population of fewer than
29  50,000, if the administrator certifies that no psychiatrist or
30  clinical psychologist is available to provide the second
31  opinion, the second opinion may be provided by a licensed
                                  5
CODING: Words stricken are deletions; words underlined are additions.
    ENROLLED
    2006 Legislature                        SB 1850, 1st Engrossed
 1  physician who has postgraduate training and experience in
 2  diagnosis and treatment of mental and nervous disorders or by
 3  a psychiatric nurse as defined in this chapter. Such a
 4  recommendation must be entered on an involuntary outpatient
 5  placement certificate, which certificate must authorize the
 6  receiving facility to retain the patient pending completion of
 7  a hearing. The certificate shall be made a part of the
 8  patient's clinical record.
 9         2.  If the patient has been stabilized and no longer
10  meets the criteria for involuntary examination pursuant to s.
11  394.463(1), the patient must be released from the receiving
12  facility while awaiting the hearing for involuntary outpatient
13  placement. Prior to filing a petition for involuntary
14  outpatient treatment, the administrator of a receiving
15  facility or a designated department representative shall
16  identify the service provider that will have primary
17  responsibility for service provision under an order for
18  involuntary outpatient placement, unless the person is
19  otherwise participating in outpatient psychiatric treatment
20  and is not in need of public financing for that treatment, in
21  which case the individual, if eligible, may be ordered to
22  involuntary treatment pursuant to the existing psychiatric
23  treatment relationship.
24         3.  The service provider shall prepare a written
25  proposed treatment plan in consultation with the patient or
26  the patient's guardian advocate, if appointed, for the court's
27  consideration for inclusion in the involuntary outpatient
28  placement order. The service provider shall also provide a
29  copy of the proposed treatment plan to the patient and the
30  administrator of the receiving facility. The treatment plan
31  must specify the nature and extent of the patient's mental
                                  6
CODING: Words stricken are deletions; words underlined are additions.
    ENROLLED
    2006 Legislature                        SB 1850, 1st Engrossed
 1  illness. The treatment plan must address the reduction of
 2  symptoms that necessitate involuntary outpatient placement and
 3  include measurable goals and objectives for the services and
 4  treatment that are provided to treat the person's mental
 5  illness and to assist the person in living and functioning in
 6  the community or to attempt to prevent a relapse or
 7  deterioration. Service providers may select and provide
 8  supervision to other individuals to implement specific aspects
 9  of the treatment plan. The services in the treatment plan must
10  be deemed to be clinically appropriate by a physician,
11  clinical psychologist, psychiatric nurse, mental health
12  counselor, marriage and family therapist, or clinical social
13  worker, as defined in this chapter, who consults with, or is
14  employed or contracted by, the service provider. The service
15  provider must certify to the court in the proposed treatment
16  plan whether sufficient services for improvement and
17  stabilization are currently available and whether the service
18  provider agrees to provide those services. If the service
19  provider certifies that the services in the proposed treatment
20  plan are not available, the petitioner may not file the
21  petition.
22         (c)1.  The administrator of the treatment facility
23  shall provide a copy of the involuntary outpatient placement
24  certificate and a copy of the state mental health discharge
25  form to a department representative in the county where the
26  patient will be residing. For persons who are leaving a state
27  mental health treatment facility, the petition for involuntary
28  outpatient placement must be filed in the county where the
29  patient will be residing.
30         2.  The service provider that will have primary
31  responsibility for service provision shall be identified by
                                  7
CODING: Words stricken are deletions; words underlined are additions.
    ENROLLED
    2006 Legislature                        SB 1850, 1st Engrossed
 1  the designated department representative prior to the order
 2  for involuntary outpatient placement and must, prior to filing
 3  a petition for involuntary outpatient placement, certify to
 4  the court whether the services recommended in the patient's
 5  discharge plan are available in the local community and
 6  whether the service provider agrees to provide those services.
 7  The service provider must develop with the patient, or the
 8  patient's guardian advocate, if appointed, a treatment or
 9  service plan that addresses the needs identified in the
10  discharge plan. The plan must be deemed to be clinically
11  appropriate by a physician, clinical psychologist, psychiatric
12  nurse, mental health counselor, marriage and family therapist,
13  or clinical social worker, as defined in this chapter, who
14  consults with, or is employed or contracted by, the service
15  provider.
16         3.  If the service provider certifies that the services
17  in the proposed treatment or service plan are not available,
18  the petitioner may not file the petition.
19         Section 4.  Paragraph (e) of subsection (6) of section
20  394.467, Florida Statutes, is amended to read:
21         394.467  Involuntary inpatient placement.--
22         (6)  HEARING ON INVOLUNTARY INPATIENT PLACEMENT.--
23         (e)  The administrator of the receiving facility shall
24  provide a copy of the court order and adequate documentation
25  of a patient's mental illness to the administrator of a
26  treatment facility whenever a patient is ordered for
27  involuntary inpatient placement, whether by civil or criminal
28  court. The Such documentation shall include any advance
29  directives made by the patient, a psychiatric evaluation of
30  the patient, and any evaluations of the patient performed by a
31  clinical psychologist, a marriage and family therapist, a
                                  8
CODING: Words stricken are deletions; words underlined are additions.
    ENROLLED
    2006 Legislature                        SB 1850, 1st Engrossed
 1  mental health counselor, or a clinical social worker. The
 2  administrator of a treatment facility may refuse admission to
 3  any patient directed to its facilities on an involuntary
 4  basis, whether by civil or criminal court order, who is not
 5  accompanied at the same time by adequate orders and
 6  documentation.
 7         Section 5.  Subsection (6) of section 383.0115, Florida
 8  Statutes, is amended to read:
 9         383.0115  The Commission on Marriage and Family Support
10  Initiatives.--
11         (6)  Pursuant to the requirements in s. 20.052(2), the
12  department shall advise the Legislature when the commission
13  ceases to be essential to the furtherance of a public purpose.
14  This section is repealed on June 30, 2008, unless reviewed and
15  saved from repeal through reenactment by the Legislature.
16         Section 6.  Paragraph (f) of subsection (1) of section
17  397.451, Florida Statutes, is amended, and paragraph (g) is
18  added to that subsection, to read:
19         397.451  Background checks of service provider
20  personnel.--
21         (1)  PERSONNEL BACKGROUND CHECKS; REQUIREMENTS AND
22  EXCEPTIONS.--
23         (f)  Service provider personnel who request an
24  exemption from disqualification must submit the request within
25  30 days after being notified of the a pending
26  disqualification. Upon notification of the disqualification,
27  the service provider shall comply with requirements regarding
28  exclusion from employment in s. 435.06. The employment of
29  service provider personnel shall not be adversely affected
30  pending disposition of the request for an exemption.
31  Disapproval of a request for an exemption shall result in the
                                  9
CODING: Words stricken are deletions; words underlined are additions.
    ENROLLED
    2006 Legislature                        SB 1850, 1st Engrossed
 1  immediate dismissal of the service provider personnel from
 2  employment with the provider.
 3         (g)  The department may not issue a regular license to
 4  any service provider that fails to provide proof that
 5  background screening information has been submitted in
 6  accordance with chapter 435.
 7         Section 7.  (1)  The Department of Children and Family
 8  Services, the Agency for Persons with Disabilities, the
 9  Department of Health, the Agency for Health Care
10  Administration, and the Department of Elderly Affairs shall
11  convene a workgroup for the purpose of developing and
12  implementing a workable statewide system of ensuring that
13  adults with disabilities are provided ready access to the
14  programs most likely to meet their needs. The system shall
15  avoid duplication of services and unnecessary delay in
16  providing needed services. The participating agencies shall
17  implement improvements that maximize access to the services
18  provided under applicable state and federal laws, with an
19  emphasis on developing strategies for overcoming barriers to
20  the timely access to services.
21         (2)  The Department of Children and Family Services
22  shall coordinate the activities of the interagency workgroup,
23  which shall include representatives from the state agencies
24  specified in subsection (1) and may include other
25  representatives whom the workgroup identifies as necessary to
26  complete its tasks.
27         (3)  The interagency workgroup shall, at a minimum,
28  address:
29         (a)  Existing barriers to providing timely access to
30  services for disabled individuals, including the requirements
31  of any targeted service delivery;
                                  10
CODING: Words stricken are deletions; words underlined are additions.
    ENROLLED
    2006 Legislature                        SB 1850, 1st Engrossed
 1         (b)  Existing resources for overcoming identified
 2  barriers;
 3         (c)  Additional resources that are needed in order to
 4  overcome identified barriers, including recommendations for
 5  any needed legislative action or additional funding for
 6  programs; and
 7         (d)  The need for cooperative agreements among the
 8  agencies.
 9         (3)  The workgroup shall report to the Governor and the
10  Legislature its findings and recommendations relating to each
11  responsibility, including recommendations for legislation if
12  necessary, by January 31, 2007, and shall submit a final
13  report by January 31, 2008. The workgroup is dissolved upon
14  submission of its final report.
15         (4)  Members of the interagency workgroup shall serve
16  without compensation and each participating agency shall
17  support the travel, per diem, and other expenses of its
18  representatives.
19         (5)  The recommendations of the workgroup shall be
20  incorporated into the interagency agreements described in s.
21  408.302, Florida Statutes.
22         Section 8.  Section 3 of chapter 2003-279, Laws of
23  Florida, is repealed.
24         Section 9.  This act shall take effect upon becoming a
25  law.
26  
27  
28  
29  
30  
31  
                                  11
CODING: Words stricken are deletions; words underlined are additions.