Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 1340
       
       
       
       
       
       
                                Ì345708;Î345708                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/19/2015           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Children, Families, and Elder Affairs (Garcia)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (16) through (32) and (34)
    6  through (38) of section 394.455, Florida Statutes, are
    7  redesignated as subsections (17) through (33) and (35) through
    8  (39), respectively, a new subsection (16) is added to that
    9  section, and present subsection (33) of that section is amended,
   10  to read:
   11         394.455 Definitions.—As used in this part, unless the
   12  context clearly requires otherwise, the term:
   13         (16) “Interested person” means, for the purposes of this
   14  chapter, any person who may reasonably be expected to be
   15  affected by the outcome of the particular proceeding involved,
   16  including anyone interested in the welfare of an incapacitated
   17  person.
   18         (34)(33) “Service provider” means any public or private
   19  receiving facility, an entity under contract with the Department
   20  of Children and Families to provide mental health services, a
   21  clinical psychologist, a clinical social worker, a marriage and
   22  family therapist, a mental health counselor, a physician, a
   23  psychiatric nurse as defined in subsection (24) (23), or a
   24  community mental health center or clinic as defined in this
   25  part.
   26         Section 2. Subsections (1) and (5) of section 394.4598,
   27  Florida Statutes, are amended to read:
   28         394.4598 Guardian advocate.—
   29         (1) The administrator, a family member of the patient, or
   30  an interested party, may petition the court for the appointment
   31  of a guardian advocate based upon the opinion of a psychiatrist
   32  that the patient is incompetent to consent to treatment. If the
   33  court finds that a patient is incompetent to consent to
   34  treatment and has not been adjudicated incapacitated and a
   35  guardian with the authority to consent to mental health
   36  treatment appointed, it shall appoint a guardian advocate. The
   37  patient has the right to have an attorney represent him or her
   38  at the hearing. If the person is indigent, the court shall
   39  appoint the office of the public defender to represent him or
   40  her at the hearing. The patient has the right to testify, cross
   41  examine witnesses, and present witnesses. The proceeding shall
   42  be recorded either electronically or stenographically, and
   43  testimony shall be provided under oath. One of the professionals
   44  authorized to give an opinion in support of a petition for
   45  involuntary placement, as described in s. 394.4655 or s.
   46  394.467, must testify. A guardian advocate must meet the
   47  qualifications of a guardian contained in part IV of chapter
   48  744, except that a professional referred to in this part, an
   49  employee of the facility providing direct services to the
   50  patient under this part, a departmental employee, a facility
   51  administrator, or member of the Florida local advocacy council
   52  shall not be appointed. A person who is appointed as a guardian
   53  advocate must agree to the appointment.
   54         (5) In selecting a guardian advocate, the court shall give
   55  preference to a health care, mental health care, or substance
   56  abuse treatment surrogate, if one has already been designated by
   57  the patient. If the patient has not previously selected a health
   58  care, mental health care, or substance abuse treatment
   59  surrogate, except for good cause documented in the court record,
   60  the selection shall be made from the following list in the order
   61  of listing:
   62         (a) The patient’s spouse.
   63         (b) An adult child of the patient.
   64         (c) A parent of the patient.
   65         (d) The adult next of kin of the patient.
   66         (e) An adult friend of the patient.
   67         (f) An adult trained and willing to serve as guardian
   68  advocate for the patient.
   69         Section 3. Section 397.803, Florida Statutes, is created to
   70  read:
   71         397.803Substance Abuse Assistance Pilot Program.
   72         (1) PILOT PROGRAM.—
   73         (a)There is created within the Department of Children and
   74  Families the Substance Abuse Assistance Pilot Program in such
   75  regions of the state as may be designated in the general
   76  appropriations act.
   77         (b)Within available funding, the department shall
   78  determine a target number of participants in each pilot program
   79  region.
   80         (c)The pilot program is created to determine whether the
   81  provision of comprehensive care through a coordinated system of
   82  case management that offers a range of recovery support services
   83  during and after treatment for acute episodes leads to increased
   84  employment, stability in housing, and decreased involvement in
   85  the criminal justice system on the part of participants.
   86         (d)The pilot program shall provide a comprehensive
   87  continuum of high-quality and accessible substance abuse
   88  intervention, residential and outpatient treatment,
   89  comprehensive case management, and recovery support services for
   90  substance abuse impaired adults.
   91         (e) The pilot program in each selected region shall develop
   92  safe and cost efficient treatment alternatives and provide
   93  comprehensive case management and continuum of care services for
   94  eligible substance abuse impaired adults.
   95         (f) Participation in the pilot program may be designated as
   96  an alternative to criminal imprisonment for substance abuse
   97  impaired adults, as appropriate.
   98         (g) Each pilot program region shall submit data to the
   99  department on a monthly basis that, at a minimum, reports
  100  characteristics of the participants, use of services, and such
  101  data as necessary to measure changes in participants’ status
  102  with regard to housing, employment, and criminal activity.
  103         (2)ELIGIBILITY AND ENROLLMENT.—Maximum enrollment shall be
  104  determined by the department, based on funding. To be eligible
  105  for participation in the pilot program a person must:
  106         (a)Be 18 years of age or older with a history of chronic
  107  substance abuse or addiction.
  108         (b)Execute a mental health or substance abuse treatment
  109  directive as defined in s. 765.403.
  110         (c)Include in the mental health or substance abuse
  111  treatment directive a self-binding arrangement provision that
  112  must:
  113         1.Be in writing.
  114         2.Be dated and signed by the principal or the principal’s
  115  designated representative if the principal is unable to sign.
  116         3.State whether the principal wishes to be able to revoke
  117  the directive at any time or whether the directive remains
  118  irrevocable when the principal is unable to consent to treatment
  119  or is incapacitated. Failure to clarify whether the directive is
  120  revocable does not render it unenforceable. If the directive
  121  fails to state whether it is revocable, the principal may revoke
  122  it at any time.
  123         4.Contain a clear affirmation that the principal is aware
  124  of the nature of the document signed and that the directive was
  125  signed freely and voluntarily.
  126         5.Be witnessed by at least two adults who, for the
  127  purposes of this section, may not be:
  128         a.A member of the principal’s treatment team;
  129         b.Related to the principal by blood, adoption, or
  130  marriage;
  131         c.Be in a romantic or dating relationship with the
  132  principal;
  133         d.The surrogate named by the principal in the signed
  134  directive; or
  135         e.The owner, operator, or employee of, or a relative of
  136  the owner, operator, or an employee of, a treatment facility in
  137  which the principal is a patient.
  138         6.Be witnessed by persons who attest that:
  139         a.They were present when the principal signed the
  140  directive;
  141         b.The principal appeared to have capacity and not be under
  142  undue influence or duress when he or she signed the directive;
  143  and
  144         c.The principal presented identification or the witness
  145  personally knows the principal.
  146         7.If the directive includes a provision that it is
  147  irrevocable, it must contain a written, signed attestation from
  148  a mental health professional that the principal had capacity at
  149  the time the directive was executed. If the principal is free to
  150  revoke the directive at any time, such attestation is not
  151  required.
  152         8.Be valid upon execution.
  153         9.Contain a designated activation standard other than the
  154  principal’s inability to provide consent to treatment or
  155  incapacity by describing circumstances or events under which the
  156  directive becomes active.
  157         10.Affirmatively state that despite activation, a
  158  directive does not prevail over contemporaneous preferences
  159  expressed by a principal who has capacity or the ability to
  160  consent to treatment and has not included a self-binding
  161  arrangement provision in the directive.
  162         11.Appoint a surrogate to make all health care and
  163  substance abuse treatment decisions for the principal, including
  164  decisions to consent on behalf of the principal to inpatient
  165  mental health or substance abuse treatment.
  166         12.Contain a provision that decisions made by a surrogate
  167  for a principal’s mental health care or substance abuse
  168  treatment are effective without judicial approval.
  169         (d)Share responsibility for the costs of pilot program
  170  services according to his or her ability to pay, based on a
  171  sliding scale.
  172         (3) SYSTEM OF CARE; CASE MANAGEMENT; PAYMENT METHOD.
  173         (a) The department shall contract with the Medicaid managed
  174  care organization or behavioral health managing entity operating
  175  in the applicable geographic region to serve as program manager.
  176         (b) The program manager is responsible for the following
  177  functions:
  178         1.Network management including recruitment and retention
  179  of an adequate number of qualified service providers to ensure
  180  accessibility and quality of care;
  181         2.Coordination of care, including the development and
  182  implementation of organizational structures and operational
  183  policies necessary to ensure that the network provides
  184  continuity of care and avoids unnecessary duplication of
  185  services;
  186         3.Comprehensive case management, which may be provided by
  187  the program manager or by a contracted service provider,
  188  including direct interaction with participants and other
  189  activities necessary to assess, plan, implement, and monitor the
  190  needed services; and
  191         4. Administrative functions for the network including, but
  192  not limited to, data management, financial management, and
  193  contract compliance.
  194         (c)The department shall establish criteria for ensuring
  195  that an adequate number of providers are included in the network
  196  and for provider qualifications, which shall be specified in the
  197  contract with the program manager. The pilot program shall be
  198  limited to one network in the region for the duration of the
  199  pilot program. The provider network shall:
  200         1. Offer a comprehensive range of services for substance
  201  abuse impaired or drug addicted adults.
  202         2. Enter into agreements with law enforcement agencies and
  203  the criminal justice system to divert nonviolent offenders with
  204  histories of serious substance abuse or chronic addiction into
  205  intensive treatment, comprehensive case management, and
  206  rehabilitation services.
  207         3. Enter into an agreement with the appropriate
  208  neighborhood housing services program to provide housing
  209  assistance to eligible participants.
  210         4. Enter into an agreement with the entity under contract
  211  with the Statewide Public Guardianship Office in the pilot
  212  program region to provide guardians to act in the capacity of
  213  surrogates for eligible participants who do not have family
  214  members or other adults available to perform such duties.
  215         5. Enter into an agreement with the applicable nonprofit
  216  local legal services organization serving the pilot program
  217  region to provide legal assistance to eligible participants.
  218         (4) SERVICES.The network must be capable of providing, at
  219  a minimum, the following services to substance abuse impaired or
  220  drug addicted adults:
  221         1. Comprehensive case management and continuum of care
  222  coordination;
  223         2. Outpatient treatment services;
  224         3. Crisis care, including mobile response, and
  225  detoxification in short-term residential facilities;
  226         4. Inpatient treatment services;
  227         5. Step-down residential treatment services;
  228         6. Housing needs assessment and assistance;
  229         7. Employment assistance programs;
  230         8. Transportation needs assessment and assistance; and
  231         9. Legal services.
  232         (5) PAYMENT FOR SERVICES.
  233         (a) The general revenue funds appropriated by the
  234  legislature for the purposes of this section shall be applied to
  235  payment for services only after an eligible participant’s
  236  private pay or Medicaid insurance coverage has been exhausted.
  237         (b) An eligible participant may share in the cost of
  238  provided services based on his or her ability to pay.
  239         (6) ACCOUNTABILITY; ANNUAL REPORTS.
  240         (a) By October 1 of each year, the department shall provide
  241  a written report to the Governor, the President of the Senate,
  242  and the Speaker of the House of Representatives which describes
  243  the operation and effectiveness of the pilot program. The report
  244  must include, but is not limited to, an evaluation of the impact
  245  of the following components of the program:
  246         1.Comprehensive case management;
  247         2.Care coordination and followup care;
  248         3.Housing initiatives; and
  249         4.Employment assistance.
  250         (b) The report must include a recommendation regarding the
  251  continuation, expansion, or termination of the pilot program.
  252         Section 4. Section 765.401, Florida Statutes, is
  253  transferred and renumbered as section 765.311, Florida Statutes.
  254         Section 5. Section 765.404, Florida Statutes, is
  255  transferred and renumbered as section 765.312, Florida Statutes.
  256         Section 6. The Division of Law Revision and Information is
  257  directed to rename part IV of chapter 765, Florida Statutes, as
  258  “Mental Health and Substance Abuse Advance Directives.”
  259         Section 7. Section 765.4015, Florida Statutes, is created
  260  to read:
  261         765.4015 Short title.—Sections 765.402-765.411 may be cited
  262  as the “Jennifer Act.”
  263         Section 8. Section 765.402, Florida Statutes, is created to
  264  read:
  265         765.402Legislative findings.
  266         (1) The Legislature recognizes that an individual with
  267  capacity has the ability to control decisions relating to his or
  268  her own mental health care or substance abuse treatment. The
  269  Legislature finds that:
  270         (a) Substance abuse and some mental illnesses cause
  271  individuals to fluctuate between capacity and incapacity;
  272         (b) During periods when an individual’s capacity is
  273  unclear, the individual may be unable to provide informed
  274  consent necessary to access needed treatment;
  275         (c) Early treatment may prevent an individual from becoming
  276  so ill that involuntary treatment is necessary; and
  277         (d) Individuals with substance abuse impairment or mental
  278  illness need an established procedure to express their
  279  instructions and preferences for treatment and provide advance
  280  consent to or refusal of treatment. This procedure should be
  281  less expensive and less restrictive than guardianship.
  282         (2) The Legislature further recognizes that:
  283         (a) A mental health or substance abuse treatment advance
  284  directive must provide the individual with a full range of
  285  choices.
  286         (b) For a mental health or substance abuse directive to be
  287  an effective tool, individuals must be able to choose how they
  288  want their directives to be applied, including the right of
  289  revocation, during periods when they are incompetent to consent
  290  to treatment.
  291         (c) There must be a clear process so that treatment
  292  providers can abide by an individual’s treatment choices.
  293         Section 9. Section 765.403, Florida Statutes, is created to
  294  read:
  295         765.403 Definitions.As used in this section, the term:
  296         (1) “Adult” means any individual who has attained the age
  297  of majority or is an emancipated minor.
  298         (2) “Capacity” means that an adult has not been found to be
  299  incapacitated pursuant to s. 394.463.
  300         (3) “Health care facility” means a hospital, nursing home,
  301  hospice, home health agency, or health maintenance organization
  302  licensed in this state, or any facility subject to part I of
  303  chapter 394.
  304         (4) “Incapacity” or “incompetent” means an adult who is:
  305         (a)Unable to understand the nature, character, and
  306  anticipated results of proposed treatment or alternatives or the
  307  recognized serious possible risks, complications, and
  308  anticipated benefits of treatments and alternatives, including
  309  nontreatment;
  310         (b)Physically or mentally unable to communicate a willful
  311  and knowing decision about mental health care or substance abuse
  312  treatment;
  313         (c)Unable to communicate his or her understanding or
  314  treatment decisions; or
  315         (d)Determined incompetent pursuant to s. 394.463.
  316         (5) “Informed consent” means consent voluntarily given by a
  317  person after a sufficient explanation and disclosure of the
  318  subject matter involved to enable that person to have a general
  319  understanding of the treatment or procedure and the medically
  320  acceptable alternatives, including the substantial risks and
  321  hazards inherent in the proposed treatment or procedures or
  322  nontreatment, and to make knowing mental health care or
  323  substance abuse treatment decisions without coercion or undue
  324  influence.
  325         (6) “Mental health or substance abuse treatment advance
  326  directive” means a written document in which the principal makes
  327  a declaration of instructions or preferences or appoints a
  328  surrogate to make decisions on behalf of the principal regarding
  329  the principal’s mental health or substance abuse treatment, or
  330  both.
  331         (7) “Mental health professional” means a psychiatrist,
  332  psychologist, psychiatric nurse, or social worker, and such
  333  other mental health professionals licensed pursuant to chapter
  334  458, chapter 464, chapter 490, or chapter 491.
  335         (8) “Principal” means a competent adult who executes a
  336  mental health or substance abuse treatment advance directive and
  337  on whose behalf mental health care or substance abuse treatment
  338  decisions are to be made.
  339         (9) “Surrogate” means any competent adult expressly
  340  designated by a principal to make mental health care or
  341  substance abuse treatment decisions on behalf of the principal
  342  as set forth in the principal’s mental health or substance abuse
  343  treatment advance directive or self-binding arrangement as those
  344  terms are defined in this section.
  345         Section 10. Section 765.405, Florida Statutes, is created
  346  to read:
  347         765.405 Mental health or substance abuse treatment advance
  348  directive; execution; allowable provisions.
  349         (1) An adult with capacity may execute a mental health or
  350  substance abuse treatment advance directive.
  351         (2) A directive executed in accordance with this section is
  352  presumed to be valid. The inability to honor one or more
  353  provisions of a directive does not affect the validity of the
  354  remaining provisions.
  355         (3) A directive may include any provision relating to
  356  mental health or substance abuse treatment or the care of the
  357  principal. Without limitation, a directive may include:
  358         (a) The principal’s preferences and instructions for mental
  359  health or substance abuse treatment.
  360         (b) Consent to specific types of mental health or substance
  361  abuse treatment.
  362         (c) Refusal to consent to specific types of mental health
  363  or substance abuse treatment.
  364         (d) Consent to admission to and retention in a facility for
  365  mental health or substance abuse treatment for up to 14 days.
  366  Such consent must be an affirmative statement contained within
  367  the directive and must clearly indicate whether such consent is
  368  revocable by the principal during a mental health or substance
  369  abuse crisis.
  370         (e) Descriptions of situations that may cause the principal
  371  to experience a mental health or substance abuse crisis.
  372         (f) Suggested alternative responses that may supplement or
  373  be in lieu of direct mental health or substance abuse treatment,
  374  such as treatment approaches from other providers.
  375         (g) The principal’s nomination of a guardian, limited
  376  guardian, or guardian advocate as provided chapter 744.
  377         (4) A directive may be combined with or be independent of a
  378  nomination of a guardian, other durable power of attorney, or
  379  other advance directive.
  380         Section 11. Section 765.406, Florida Statutes, is created
  381  to read:
  382         765.406 Execution of a mental health or substance abuse
  383  advance directive; effective date; expiration.
  384         (1) A directive must:
  385         (a) Be in writing.
  386         (b) Contain language that clearly indicates that the
  387  principal intends to create a directive.
  388         (c) Contain language that clearly indicates whether the
  389  principal intends for the surrogate to have the authority to
  390  provide consent on the principal’s behalf to voluntary admission
  391  to inpatient mental health or substance abuse treatment and
  392  whether the principal’s consent is revocable.
  393         (d) Be dated and signed by the principal or, if the
  394  principal is unable to sign, at the principal’s direction in the
  395  principal’s presence.
  396         (e) Be witnessed by two adults, each of whom must declare
  397  that he or she personally knows the principal and was present
  398  when the principal dated and signed the directive, and that the
  399  principal did not appear to be incapacitated or acting under
  400  fraud, undue influence, or duress. The person designated as the
  401  surrogate may not act as a witness to the execution of the
  402  document designating the mental health or substance abuse care
  403  treatment surrogate. At least one person who acts as a witness
  404  must be neither the principal’s spouse nor his or her blood
  405  relative.
  406         (2) A directive is valid upon execution, but all or part of
  407  the directive may take effect at a later date as designated by
  408  the principal in the directive.
  409         (3) A directive may:
  410         (a) Be revoked, in whole or in part, pursuant to s.
  411  765.407; or
  412         (b) Expire under its own terms.
  413         (4) A directive does not or may not:
  414         (a) Create an entitlement to mental health, substance
  415  abuse, or medical treatment or supersede a determination of
  416  medical necessity.
  417         (b) Obligate any health care provider, professional person,
  418  or health care facility to pay the costs associated with the
  419  treatment requested.
  420         (c) Obligate a health care provider, professional person,
  421  or health care facility to be responsible for the nontreatment
  422  or personal care of the principal or the principal’s personal
  423  affairs outside the scope of services the facility normally
  424  provides.
  425         (d) Replace or supersede any will or testamentary document
  426  or supersede the provision of intestate succession.
  427         (e) Be revoked by an incapacitated principal unless that
  428  principal selected the option to permit revocation while
  429  incapacitated at the time his or her directive was executed.
  430         (f) Be used as the authority for inpatient admission for
  431  more than 14 days.
  432         Section 12. Section 765.407, Florida Statutes, is created
  433  to read:
  434         765.407 Revocation; waiver.
  435         (1)(a) A principal with capacity may, by written statement
  436  of the principal or at the principal’s direction in the
  437  principal’s presence, revoke a directive in whole or in part.
  438         (b) A person incompetent to consent to treatment may revoke
  439  a directive only if he or she elected at the time of executing
  440  the directive to be able to revoke when incapacitated.
  441         (2) The principal shall provide a copy of his or her
  442  written statement of revocation to his or her agent, if any, and
  443  to each health care provider, professional person, or health
  444  care facility that received a copy of the directive from the
  445  principal.
  446         (3) The written statement of revocation is effective as to
  447  a health care provider, professional person, or health care
  448  facility upon receipt. The professional person, health care
  449  provider, or health care facility, or persons acting under their
  450  direction, shall make the statement of revocation part of the
  451  principal’s medical record.
  452         (4) A directive also may:
  453         (a) Be revoked, in whole or in part, expressly or to the
  454  extent of any inconsistency, by a subsequent directive; or
  455         (b) Be superseded or revoked by a court order, including
  456  any order entered in a criminal matter. The individual’s family,
  457  the health care facility, the attending physician, or any other
  458  interested person who may be directly affected by the
  459  surrogate’s decision concerning any health care may seek
  460  expedited judicial intervention pursuant to rule 5.900 of the
  461  Florida Probate Rules, if that person believes:
  462         1. The surrogate’s decision is not in accord with the
  463  individual’s known desires;
  464         2. The advance directive is ambiguous, or the individual
  465  has changed his or her mind after execution of the advance
  466  directive;
  467         3. The surrogate was improperly designated or appointed, or
  468  the designation of the surrogate is no longer effective or has
  469  been revoked;
  470         4. The surrogate has failed to discharge duties, or
  471  incapacity or illness renders the surrogate incapable of
  472  discharging duties;
  473         5. The surrogate has abused powers; or
  474         6. The individual has sufficient capacity to make his or
  475  her own health care decisions.
  476         (5) A directive that would have otherwise expired but is
  477  effective because the principal is incapacitated remains
  478  effective until the principal is no longer incapacitated unless
  479  the principal elected to be able to revoke while incapacitated
  480  and has revoked the directive.
  481         (6) When a principal with capacity consents to treatment
  482  that differs from, or refuses treatment consented to in, his or
  483  her directive, the consent or refusal constitutes a waiver of a
  484  particular provision and does not constitute a revocation of the
  485  provision or the directive unless that principal also revokes
  486  the provision or directive.
  487         Section 13. Section 765.410, Florida Statutes, is created
  488  to read:
  489         765.410 Immunity from liability; weight of proof;
  490  presumption.—
  491         (1) A health care facility, provider, or other person who
  492  acts under the direction of a health care facility or provider
  493  is not subject to criminal prosecution or civil liability, and
  494  may not be deemed to have engaged in unprofessional conduct, as
  495  a result of carrying out a mental health care or substance abuse
  496  treatment decision made in accordance with this section. The
  497  surrogate who makes a mental health care or substance abuse
  498  treatment decision on a principal’s behalf, pursuant to this
  499  section, is not subject to criminal prosecution or civil
  500  liability for such action.
  501         (2) This section applies unless it is shown by a
  502  preponderance of the evidence that the person authorizing or
  503  effectuating a mental health or substance abuse treatment
  504  decision did not, in good faith, comply with this section.
  505         Section 14. Section 765.411, Florida Statutes, is created
  506  to read:
  507         765.411Recognition of mental health and substance abuse
  508  treatment advance directive executed in another state.—A mental
  509  health or substance abuse treatment advance directive executed
  510  in another state in compliance with the law of that state is
  511  validly executed for the purposes of this chapter.
  512         Section 15. Subsection (3) of section 394.495, Florida
  513  Statutes, is amended to read:
  514         394.495 Child and adolescent mental health system of care;
  515  programs and services.—
  516         (3) Assessments must be performed by:
  517         (a) A professional as defined in s. 394.455(2), (4), (22)
  518  (21), (24) (23), or (25) (24);
  519         (b) A professional licensed under chapter 491; or
  520         (c) A person who is under the direct supervision of a
  521  professional as defined in s. 394.455(2), (4), (22) (21), (24)
  522  (23), or (25) (24) or a professional licensed under chapter 491.
  523  
  524  The department shall adopt by rule statewide standards for
  525  mental health assessments, which must be based on current
  526  relevant professional and accreditation standards.
  527         Section 16. Subsection (6) of section 394.496, Florida
  528  Statutes, is amended to read:
  529         394.496 Service planning.—
  530         (6) A professional as defined in s. 394.455(2), (4), (22)
  531  (21), (24) (23), or (25) (24) or a professional licensed under
  532  chapter 491 must be included among those persons developing the
  533  services plan.
  534         Section 17. Subsection (6) of section 394.9085, Florida
  535  Statutes, is amended to read:
  536         394.9085 Behavioral provider liability.—
  537         (6) For purposes of this section, the terms “detoxification
  538  services,” “addictions receiving facility,” and “receiving
  539  facility” have the same meanings as those provided in ss.
  540  397.311(18)(a)4., 397.311(18)(a)1., and 394.455(27)(26),
  541  respectively.
  542         Section 18. Paragraph (d) of subsection (1) of section
  543  395.0197, Florida Statutes, is amended to read:
  544         395.0197 Internal risk management program.—
  545         (1) Every licensed facility shall, as a part of its
  546  administrative functions, establish an internal risk management
  547  program that includes all of the following components:
  548         (d) A system for informing a patient or an individual
  549  identified pursuant to s. 765.311(1) s. 765.401(1) that the
  550  patient was the subject of an adverse incident, as defined in
  551  subsection (5). Such notice shall be given by an appropriately
  552  trained person designated by the licensed facility as soon as
  553  practicable to allow the patient an opportunity to minimize
  554  damage or injury.
  555         Section 19. Section 395.1051, Florida Statutes, is amended
  556  to read:
  557         395.1051 Duty to notify patients.—An appropriately trained
  558  person designated by each licensed facility shall inform each
  559  patient, or an individual identified pursuant to s. 765.311(1)
  560  s. 765.401(1), in person about adverse incidents that result in
  561  serious harm to the patient. Notification of outcomes of care
  562  that result in harm to the patient under this section shall not
  563  constitute an acknowledgment or admission of liability, nor can
  564  it be introduced as evidence.
  565         Section 20. Paragraph (b) of subsection (1) of section
  566  409.972, Florida Statutes, is amended to read:
  567         409.972 Mandatory and voluntary enrollment.—
  568         (1) The following Medicaid-eligible persons are exempt from
  569  mandatory managed care enrollment required by s. 409.965, and
  570  may voluntarily choose to participate in the managed medical
  571  assistance program:
  572         (b) Medicaid recipients residing in residential commitment
  573  facilities operated through the Department of Juvenile Justice
  574  or mental health treatment facilities as defined by s.
  575  394.455(33) s. 394.455(32).
  576         Section 21. Section 456.0575, Florida Statutes, is amended
  577  to read:
  578         456.0575 Duty to notify patients.—Every licensed health
  579  care practitioner shall inform each patient, or an individual
  580  identified pursuant to s. 765.311(1) s. 765.401(1), in person
  581  about adverse incidents that result in serious harm to the
  582  patient. Notification of outcomes of care that result in harm to
  583  the patient under this section shall not constitute an
  584  acknowledgment of admission of liability, nor can such
  585  notifications be introduced as evidence.
  586         Section 22. Subsection (7) of section 744.704, Florida
  587  Statutes, is amended to read:
  588         744.704 Powers and duties.—
  589         (7) A public guardian shall not commit a ward to a mental
  590  health treatment facility, as defined in s. 394.455(33) s.
  591  394.455(32), without an involuntary placement proceeding as
  592  provided by law.
  593         Section 23. Subsection (15) of section 765.101, Florida
  594  Statutes, is amended to read:
  595         765.101 Definitions.—As used in this chapter:
  596         (15) “Proxy” means a competent adult who has not been
  597  expressly designated to make health care decisions for a
  598  particular incapacitated individual, but who, nevertheless, is
  599  authorized pursuant to s. 765.311 s. 765.401 to make health care
  600  decisions for such individual.
  601         Section 24. Subsection (4) of section 765.104, Florida
  602  Statutes, is amended to read:
  603         765.104 Amendment or revocation.—
  604         (4) Any patient for whom a medical proxy has been
  605  recognized under s. 765.311 s. 765.401 and for whom any previous
  606  legal disability that precluded the patient’s ability to consent
  607  is removed may amend or revoke the recognition of the medical
  608  proxy and any uncompleted decision made by that proxy. The
  609  amendment or revocation takes effect when it is communicated to
  610  the proxy, the health care provider, or the health care facility
  611  in writing or, if communicated orally, in the presence of a
  612  third person.
  613         Section 25. Paragraph (b) of subsection (3) of s. 394.459,
  614  subsections (6) and (7) of s. 394.4598, paragraph (d) of
  615  subsection (6) and paragraph (f) of subsection (7) of s.
  616  394.4655, paragraph (d) of subsection (6) of s. 394.467, s.
  617  394.46715, and subsection (5) of s. 765.202, Florida Statutes,
  618  are reenacted for the purpose of incorporating the amendments
  619  made to s. 394.4598, Florida Statutes.
  620         Section 26. This act shall take effect July 1, 2015.
  621  
  622  ================= T I T L E  A M E N D M E N T ================
  623  And the title is amended as follows:
  624         Delete everything before the enacting clause
  625  and insert:
  626                        A bill to be entitled                      
  627         An act relating to mental health and substance abuse;
  628         amending s. 394.455, F.S.; defining the term
  629         “interested person”; amending s. 394.4598, F.S.;
  630         authorizing a family member of a patient or an
  631         interested party to petition a court for the
  632         appointment of a guardian advocate; requiring a court
  633         to give preference to certain specified surrogates if
  634         such surrogate has already been designated by the
  635         patient; creating s. 397.803, F.S.; establishing the
  636         Substance Abuse Assistance Pilot Program within the
  637         Department of Children and Families; requiring the
  638         department to determine a target number of
  639         participants within available funds; providing the
  640         purpose of the pilot program; requiring the program to
  641         develop safe and cost efficient treatment alternatives
  642         and provide comprehensive case management services for
  643         eligible substance abuse impaired adults; authorizing
  644         participation in the program as an alternative to
  645         criminal imprisonment; requiring that each pilot
  646         program submit specified data to the department on a
  647         monthly basis; providing eligibility criteria;
  648         requiring that maximum enrollment be determined by the
  649         department based on available funding; requiring the
  650         department to contract with specified entities to
  651         serve as program managers; specifying the functions of
  652         the program manager; requiring the department to
  653         establish certain criteria and qualifications for the
  654         project manager; requiring that a pilot program site
  655         have only one network in a given region; providing
  656         requirements for provider networks; specifying
  657         services that must be provided by a provider network;
  658         specifying that the primary payor for services
  659         provided through the program is the participant’s
  660         private pay or Medicaid insurance coverage; allowing
  661         eligible participants to share in the cost of provided
  662         services based on ability to pay; requiring the
  663         department to provide an annual report to the Governor
  664         and Legislature evaluating the impact of the program;
  665         requiring such report to include specified
  666         information; transferring and renumbering s. 765.401,
  667         F.S.; transferring and renumbering s. 765.404, F.S.;
  668         providing a directive to the Division of Law Revision
  669         and Information; creating s. 765.4015, F.S.; providing
  670         a short title; creating s. 765.402, F.S.; providing
  671         legislative findings; creating s. 765.403, F.S.;
  672         defining terms; creating s. 765.405, F.S.; authorizing
  673         an adult with capacity to execute a mental health or
  674         substance abuse treatment advance directive; providing
  675         a presumption of validity if certain requirements are
  676         met; providing for execution of the mental health or
  677         substance abuse treatment advance directive; creating
  678         s. 765.406, F.S.; establishing requirements for a
  679         valid mental health or substance abuse treatment
  680         advance directive; providing that a mental health or
  681         substance abuse treatment directive is valid upon
  682         execution even if a part of the mental health or
  683         substance abuse treatment directive takes effect at a
  684         later date; allowing a mental health or substance
  685         abuse treatment advance directive to be revoked, in
  686         whole or in part, or to expire under its own terms;
  687         specifying that a mental health or substance abuse
  688         treatment advance directive does not or may not serve
  689         specified purposes; creating s. 765.407, F.S.;
  690         providing circumstances under which a mental health or
  691         substance abuse treatment advance directive may be
  692         revoked; providing circumstances under which a
  693         principal may waive specific directive provisions
  694         without revoking the directive; creating s. 765.410,
  695         F.S.; prohibiting criminal prosecution of a health
  696         care facility, provider, or surrogate who acts
  697         pursuant to a mental health or substance abuse
  698         treatment decision; creating s. 765.411, F.S.;
  699         providing for recognition of a mental health and
  700         substance abuse treatment advance directive executed
  701         in another state if it complies with the laws of this
  702         state; amending ss. 394.495, 394.496, 394.9085
  703         395.0197, 395.1051, 409.972, 456.0575, 744.704,
  704         765.101, and 765.104, F.S.; conforming cross
  705         references; reenacting ss. 394.459(3)(b), 394.4598(6)
  706         and (7), 394.4655(6)(d) and (7)(f), 394.467(6)(d),
  707         394.46715, and 765.202(5), F.S., to incorporate the
  708         amendment made to s. 394.4598, F.S., in references
  709         thereto; providing an effective date.