Senate Bill sb1850er

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    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


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    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


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    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


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 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


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    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


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 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


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 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


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 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


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 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


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 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;


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 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  

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