Florida Senate - 2015                              CS for SB 476
       By the Committee on Health Policy; and Senator Grimsley
       588-02741A-15                                          2015476c1
    1                        A bill to be entitled                      
    2         An act relating to mental health; amending s. 394.455,
    3         F.S.; redefining the term “psychiatric nurse”;
    4         amending s. 394.463, F.S.; adding a psychiatric nurse
    5         as a person at a receiving facility authorized to
    6         perform a required examination of certain patients;
    7         prohibiting the release of a patient from a receiving
    8         facility that is owned or operated by a hospital or
    9         health system without specified approvals; authorizing
   10         the release of a patient by a psychiatric nurse under
   11         certain circumstances; prohibiting a psychiatric nurse
   12         from releasing a patient if the involuntary
   13         examination was initiated by a psychiatrist without
   14         the psychiatrist’s approval; providing an effective
   15         date.
   17  Be It Enacted by the Legislature of the State of Florida:
   19         Section 1. Subsection (23) of section 394.455, Florida
   20  Statutes, is amended to read:
   21         394.455 Definitions.—As used in this part, unless the
   22  context clearly requires otherwise, the term:
   23         (23) “Psychiatric nurse” means an advanced a registered
   24  nurse practitioner certified under s. 464.012 who has a master’s
   25  or doctoral degree in psychiatric nursing, holds a national
   26  advanced practice certification as a psychiatric-mental health
   27  advanced practice nurse, licensed under part I of chapter 464
   28  who has a master’s degree or a doctorate in psychiatric nursing
   29  and has 2 years of post-master’s clinical experience under the
   30  supervision of a physician.
   31         Section 2. Paragraph (f) of subsection (2) of section
   32  394.463, Florida Statutes, is amended to read:
   33         394.463 Involuntary examination.—
   35         (f) A patient shall be examined by a physician, a or
   36  clinical psychologist, or a psychiatric nurse performing within
   37  the framework of an established protocol with a psychiatrist at
   38  a receiving facility without unnecessary delay and may, upon the
   39  order of a physician, be given emergency treatment if it is
   40  determined that such treatment is necessary for the safety of
   41  the patient or others. The patient may not be released by the
   42  receiving facility or its contractor without the documented
   43  approval of a psychiatrist, a clinical psychologist, or, if the
   44  receiving facility is owned or operated by a hospital or health
   45  system, the release may also be approved by a psychiatric nurse
   46  performing within the framework of an established protocol with
   47  a psychiatrist or an attending emergency department physician
   48  with experience in the diagnosis and treatment of mental and
   49  nervous disorders and after completion of an involuntary
   50  examination pursuant to this subsection. A psychiatric nurse may
   51  not approve the release of a patient when the involuntary
   52  examination has been initiated by a psychiatrist unless the
   53  release is approved by the initiating psychiatrist. However, a
   54  patient may not be held in a receiving facility for involuntary
   55  examination longer than 72 hours.
   56         Section 3. This act shall take effect July 1, 2015.