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 a patient who is being involuntarily
   59  held for examination, by telephonic or electronic communication
   60  telephone or 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 a
   65  patient is being admitted as an involuntary patient shall be
   66  given to the Florida local advocacy council no later than the
   67  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.