Florida Senate - 2014 CS for SB 690 By the Committee on Health Policy; and Senator Diaz de la Portilla 588-02828-14 2014690c1 1 A bill to be entitled 2 An act relating to involuntary examinations of minors; 3 amending s. 381.0056, F.S.; redefining the term 4 “emergency health needs”; amending s. 394.4599, F.S.; 5 requiring a receiving facility to provide notice of 6 the whereabouts of an adult or minor patient held for 7 involuntary examination; providing minimum 8 requirements for attempts at notification; requiring 9 documentation of contact attempts; amending s. 10 1002.20, F.S.; requiring public schools to provide 11 notice of the whereabouts of a student removed from 12 school, school transportation, or a school-sponsored 13 activity for involuntary examination; requiring 14 district school boards to develop certain policies and 15 procedures for notification; amending s. 1002.33, 16 F.S.; requiring charter schools to provide notice of 17 the whereabouts of a student removed from school, 18 school transportation, or a school-sponsored activity 19 for involuntary examination; requiring charter school 20 governing boards to develop certain notification 21 policies and procedures; providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Paragraph (a) of subsection (2) of section 26 381.0056, Florida Statutes, is amended to read: 27 381.0056 School health services program.— 28 (2) As used in this section, the term: 29 (a) “Emergency health needs” means onsite evaluation, 30 management, and aid for physical or mental illness or injury 31 pending the student’s return to the classroom or release to a 32 parent, guardian, designated friend, law enforcement officer, or 33 designated health care provider. 34 Section 2. Present paragraphs (c) through (e) of subsection 35 (2) of section 394.4599, Florida Statutes, are redesignated as 36 paragraphs (d) through (f), respectively, paragraphs (a) and (b) 37 of that subsection are amended, and a new paragraph (c) is added 38 to that subsection, to read: 39 394.4599 Notice.— 40 (2) INVOLUNTARY PATIENTS.— 41 (a) Whenever notice is required to be given under this 42 part, such notice shall be given to the patient and the 43 patient’s guardian, guardian advocate, attorney, and 44 representative, as applicable. 45 1. When notice is required to be given to a patient, it 46 shall be given both orally and in writing, in the language and 47 terminology that the patient can understand, and, if needed, the 48 facility shall provide an interpreter for the patient. 49 2. Notice to a patient’s guardian, guardian advocate, 50 attorney, and representative shall be given by United States 51 mail and by registered or certified mail with the receipts 52 attached to the patient’s clinical record. Hand delivery by a 53 facility employee may be used as an alternative, with delivery 54 documented in the clinical record. If notice is given by a state 55 attorney or an attorney for the department, a certificate of 56 service shall be sufficient to document service. 57 (b) A receiving facility shall give prompt notice of the 58 whereabouts of an adult
apatient who is being involuntarily 59 held for examination, by telephonic or electronic communication 60 telephoneor in person within 24 hours after the patient’s 61 arrival at the facility, unless the patient requests that no 62 notification be made. Contact attempts shall be documented in 63 the patient’s clinical record and shall begin as soon as 64 reasonably possible after the patient’s arrival. Notice that a65 patient is being admitted as an involuntary patient shall be66 given to the Florida local advocacy council no later than the67 next working day after the patient is admitted.68 (c) A receiving facility shall give notice of the 69 whereabouts of a minor patient who is being held involuntarily 70 for examination, by telephonic or electronic communication or in 71 person immediately after the patient’s arrival at the facility. 72 Notification shall be attempted at least once every hour during 73 the first 12 hours after the patient’s arrival and once every 24 74 hours thereafter until the facility receives confirmation from 75 the guardian that notification has been made. A receiving 76 facility may request the assistance of law enforcement to 77 attempt notification in person if notification is not made 78 within the first 24 hours after the patient’s arrival. Contact 79 attempts shall be documented in the patient’s clinical record. 80 Section 3. Paragraph (l) is added to subsection (3) of 81 section 1002.20, Florida Statutes, to read: 82 1002.20 K-12 student and parent rights.—Parents of public 83 school students must receive accurate and timely information 84 regarding their child’s academic progress and must be informed 85 of ways they can help their child to succeed in school. K-12 86 students and their parents are afforded numerous statutory 87 rights including, but not limited to, the following: 88 (3) HEALTH ISSUES.— 89 (l) Notification of involuntary examinations.—The public 90 school principal or the principal’s designee shall immediately 91 notify the parent or guardian of a student who is removed from 92 school, school transportation, or a school-sponsored activity 93 and taken to a receiving facility for an involuntary examination 94 pursuant to s. 394.463. Each district school board shall develop 95 a policy and procedures for notification under this paragraph. 96 Section 4. Paragraph (q) is added to subsection (9) of 97 section 1002.33, Florida Statutes, to read: 98 1002.33 Charter schools.— 99 (9) CHARTER SCHOOL REQUIREMENTS.— 100 (q) The charter school principal or the principal’s 101 designee shall immediately notify the parent or guardian of a 102 student who is removed from school, school transportation, or a 103 school-sponsored activity and taken to a receiving facility for 104 an involuntary examination pursuant to s. 394.463. Each charter 105 school governing board shall develop a policy and procedures for 106 notification under this paragraph. 107 Section 5. This act shall take effect July 1, 2014.