Florida Senate - 2013 SB 110 By Senator Flores 37-00260-13 2013110__ 1 A bill to be entitled 2 An act relating to involuntary examinations under the 3 Baker Act; amending s. 394.463, F.S.; authorizing 4 physician assistants and advanced registered nurse 5 practitioners to initiate involuntary examinations 6 under the Baker Act of persons believed to have mental 7 illness; providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Paragraph (a) of subsection (2) of section 12 394.463, Florida Statutes, is amended to read: 13 394.463 Involuntary examination.— 14 (2) INVOLUNTARY EXAMINATION.— 15 (a) An involuntary examination may be initiated by any one 16 of the following means: 17 1. A court may enter an ex parte order stating that a 18 person appears to meet the criteria for involuntary examination, 19 giving the findings on which that conclusion is based. The ex 20 parte order for involuntary examination must be based on sworn 21 testimony, written or oral. If other less restrictive means are 22 not available, such as voluntary appearance for outpatient 23 evaluation, a law enforcement officer, or other designated agent 24 of the court, shall take the person into custody and deliver him 25 or her to the nearest receiving facility for involuntary 26 examination. The order of the court shall be made a part of the 27 patient’s clinical record. No fee shall be charged for the 28 filing of an order under this subsection. Any receiving facility 29 accepting the patient based on this order must send a copy of 30 the order to the Agency for Health Care Administration on the 31 next working day. The order shall be valid only until executed 32 or, if not executed, for the period specified in the order 33 itself. If no time limit is specified in the order, the order 34 shall be valid for 7 days after the date that the order was 35 signed. 36 2. A law enforcement officer shall take a person who 37 appears to meet the criteria for involuntary examination into 38 custody and deliver the person or have him or her delivered to 39 the nearest receiving facility for examination. The officer 40 shall execute a written report detailing the circumstances under 41 which the person was taken into custody, and the report shall be 42 made a part of the patient’s clinical record. Any receiving 43 facility accepting the patient based on this report must send a 44 copy of the report to the Agency for Health Care Administration 45 on the next working day. 46 3. A physician, physician assistant, clinical psychologist, 47 psychiatric nurse, mental health counselor, marriage and family 48 therapist,
orclinical social worker, or advanced registered 49 nurse practitioner may execute a certificate stating that he or 50 she has examined a person within the preceding 48 hours and 51 finds that the person appears to meet the criteria for 52 involuntary examination and stating the observations upon which 53 that conclusion is based. If other less restrictive means are 54 not available, such as voluntary appearance for outpatient 55 evaluation, a law enforcement officer shall take the person 56 named in the certificate into custody and deliver him or her to 57 the nearest receiving facility for involuntary examination. The 58 law enforcement officer shall execute a written report detailing 59 the circumstances under which the person was taken into custody. 60 The report and certificate shall be made a part of the patient’s 61 clinical record. Any receiving facility accepting the patient 62 based on this certificate must send a copy of the certificate to 63 the Agency for Health Care Administration on the next working 64 day. 65 Section 2. This act shall take effect July 1, 2013.