Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. SB 7070
Ì322884BÎ322884
LEGISLATIVE ACTION
Senate . House
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The Committee on Judiciary (Bean) recommended the following:
1 Senate Substitute for Amendment (817182)
2
3 Delete lines 1930 - 1963
4 and insert:
5 (f) An individual held for examination A patient shall be
6 examined by a physician, a or clinical psychologist, or a
7 psychiatric nurse performing within the framework of an
8 established protocol with a psychiatrist at a receiving facility
9 without unnecessary delay and may, upon the order of a
10 physician, be given emergency mental health or substance abuse
11 treatment if it is determined that such treatment is necessary
12 for the safety of the individual patient or others. The patient
13 may not be released by the receiving facility or its contractor
14 without the documented approval of a psychiatrist, a clinical
15 psychologist, or, if the receiving facility is a hospital, the
16 release may also be approved by an attending emergency
17 department physician with experience in the diagnosis and
18 treatment of mental and nervous disorders and after completion
19 of an involuntary examination pursuant to this subsection.
20 However, a patient may not be held in a receiving facility for
21 involuntary examination longer than 72 hours.
22 (g) An individual may not be held for involuntary
23 examination for more than 72 hours from the time of the
24 individual’s arrival at the facility, except that this period
25 may be extended by 48 hours if a physician documents in the
26 clinical record that the individual has ongoing symptoms of
27 substance intoxication or substance withdrawal and the
28 individual would likely experience significant clinical benefit
29 from detoxification services. This determination must be made
30 based on a face-to-face examination conducted by the physician
31 no less than 48 hours and not more than 72 hours after the
32 individual’s arrival at the facility. Based on the individual’s
33 needs, one of the following actions must be taken within the
34 involuntary examination period:
35 1. The individual shall be released after consultation with
36 the admitting professional and the approval of a psychiatrist,
37 psychiatric nurse, psychologist, or substance abuse
38 professional. However, if the examination is conducted in a
39 hospital, an emergency department physician may approve the
40 release or a psychiatric nurse performing within the framework
41 of an established protocol with a psychiatrist may also approve
42 the release, except when the involuntary examination has been
43 initiated by a psychiatrist and the release has not also been
44 approved by the initiating psychiatrist. If the examination is
45 conducted in an addictions receiving facility or detoxification
46 facility, a physician or substance abuse professional may
47 approve the release. The