Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SPB 7070
       
       
       
       
       
       
                                Ì809912-Î809912                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  03/26/2015           .                                
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       The Committee on Appropriations (Garcia) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 2816 - 3242
    4  and insert:
    5         Section 17. Section 765.401, Florida Statutes, is
    6  transferred and renumbered as section 765.311, Florida Statutes.
    7         Section 18. Section 765.404, Florida Statutes, is
    8  transferred and renumbered as section 765.312, Florida Statutes.
    9         Section 19. The Division of Law Revision and Information is
   10  directed to rename part IV of chapter 765, Florida Statutes, as
   11  “Mental Health and Substance Abuse Advance Directives.”
   12         Section 20. Section 765.4015, Florida Statutes, is created
   13  to read:
   14         765.4015 Short title.—Sections 765.402-765.411 may be cited
   15  as the “Jennifer Act.”
   16         Section 21. Section 765.402, Florida Statutes, is created
   17  to read:
   18         765.402Legislative findings.
   19         (1) The Legislature recognizes that an individual with
   20  capacity has the ability to control decisions relating to his or
   21  her own mental health care or substance abuse treatment. The
   22  Legislature finds that:
   23         (a) Substance abuse and some mental illnesses cause
   24  individuals to fluctuate between capacity and incapacity;
   25         (b) During periods when an individual’s capacity is
   26  unclear, the individual may be unable to provide informed
   27  consent necessary to access needed treatment;
   28         (c) Early treatment may prevent an individual from becoming
   29  so ill that involuntary treatment is necessary; and
   30         (d) Individuals with substance abuse impairment or mental
   31  illness need an established procedure to express their
   32  instructions and preferences for treatment and provide advance
   33  consent to or refusal of treatment. This procedure should be
   34  less expensive and less restrictive than guardianship.
   35         (2) The Legislature further recognizes that:
   36         (a) A mental health or substance abuse treatment advance
   37  directive must provide the individual with a full range of
   38  choices.
   39         (b) For a mental health or substance abuse directive to be
   40  an effective tool, individuals must be able to choose how they
   41  want their directives to be applied, including the right of
   42  revocation, during periods when they are incompetent to consent
   43  to treatment.
   44         (c) There must be a clear process so that treatment
   45  providers can abide by an individual’s treatment choices.
   46         Section 22. Section 765.403, Florida Statutes, is created
   47  to read:
   48         765.403 Definitions.As used in this section, the term:
   49         (1) “Adult” means any individual who has attained the age
   50  of majority or is an emancipated minor.
   51         (2) “Capacity” means that an adult has not been found to be
   52  incapacitated pursuant to s. 394.463.
   53         (3) “Health care facility” means a hospital, nursing home,
   54  hospice, home health agency, or health maintenance organization
   55  licensed in this state, or any facility subject to part I of
   56  chapter 394.
   57         (4) “Incapacity” or “incompetent” means an adult who is:
   58         (a)Unable to understand the nature, character, and
   59  anticipated results of proposed treatment or alternatives or the
   60  recognized serious possible risks, complications, and
   61  anticipated benefits of treatments and alternatives, including
   62  nontreatment;
   63         (b)Physically or mentally unable to communicate a willful
   64  and knowing decision about mental health care or substance abuse
   65  treatment;
   66         (c)Unable to communicate his or her understanding or
   67  treatment decisions; or
   68         (d)Determined incompetent pursuant to s. 394.463.
   69         (5) “Informed consent” means consent voluntarily given by a
   70  person after a sufficient explanation and disclosure of the
   71  subject matter involved to enable that person to have a general
   72  understanding of the treatment or procedure and the medically
   73  acceptable alternatives, including the substantial risks and
   74  hazards inherent in the proposed treatment or procedures or
   75  nontreatment, and to make knowing mental health care or
   76  substance abuse treatment decisions without coercion or undue
   77  influence.
   78         (6) “Interested person” means, for the purposes of this
   79  chapter, any person who may reasonably be expected to be
   80  affected by the outcome of the particular proceeding involved,
   81  including anyone interested in the welfare of an incapacitated
   82  person.
   83         (7) “Mental health or substance abuse treatment advance
   84  directive” means a written document in which the principal makes
   85  a declaration of instructions or preferences or appoints a
   86  surrogate to make decisions on behalf of the principal regarding
   87  the principal’s mental health or substance abuse treatment, or
   88  both.
   89         (8) “Mental health professional” means a psychiatrist,
   90  psychologist, psychiatric nurse, or social worker, and such
   91  other mental health professionals licensed pursuant to chapter
   92  458, chapter 464, chapter 490, or chapter 491.
   93         (9) “Principal” means a competent adult who executes a
   94  mental health or substance abuse treatment advance directive and
   95  on whose behalf mental health care or substance abuse treatment
   96  decisions are to be made.
   97         (10) “Surrogate” means any competent adult expressly
   98  designated by a principal to make mental health care or
   99  substance abuse treatment decisions on behalf of the principal
  100  as set forth in the principal’s mental health or substance abuse
  101  treatment advance directive or self-binding arrangement as those
  102  terms are defined in this part.
  103         Section 23. Section 765.405, Florida Statutes, is created
  104  to read:
  105         765.405 Mental health or substance abuse treatment advance
  106  directive; execution; allowable provisions.
  107         (1) An adult with capacity may execute a mental health or
  108  substance abuse treatment advance directive.
  109         (2) A directive executed in accordance with this section is
  110  presumed to be valid. The inability to honor one or more
  111  provisions of a directive does not affect the validity of the
  112  remaining provisions.
  113         (3) A directive may include any provision relating to
  114  mental health or substance abuse treatment or the care of the
  115  principal. Without limitation, a directive may include:
  116         (a) The principal’s preferences and instructions for mental
  117  health or substance abuse treatment.
  118         (b) Consent to specific types of mental health or substance
  119  abuse treatment.
  120         (c) Refusal to consent to specific types of mental health
  121  or substance abuse treatment.
  122         (d) Descriptions of situations that may cause the principal
  123  to experience a mental health or substance abuse crisis.
  124         (e) Suggested alternative responses that may supplement or
  125  be in lieu of direct mental health or substance abuse treatment,
  126  such as treatment approaches from other providers.
  127         (f) The principal’s nomination of a guardian, limited
  128  guardian, or guardian advocate as provided chapter 744.
  129         (4) A directive may be combined with or be independent of a
  130  nomination of a guardian, other durable power of attorney, or
  131  other advance directive.
  132         Section 24. Section 765.406, Florida Statutes, is created
  133  to read:
  134         765.406 Execution of a mental health or substance abuse
  135  advance directive; effective date; expiration.
  136         (1) A directive must:
  137         (a) Be in writing.
  138         (b) Contain language that clearly indicates that the
  139  principal intends to create a directive.
  140         (c) Be dated and signed by the principal or, if the
  141  principal is unable to sign, at the principal’s direction in the
  142  principal’s presence.
  143         (d) Be witnessed by two adults, each of whom must declare
  144  that he or she personally knows the principal and was present
  145  when the principal dated and signed the directive, and that the
  146  principal did not appear to be incapacitated or acting under
  147  fraud, undue influence, or duress. The person designated as the
  148  surrogate may not act as a witness to the execution of the
  149  document designating the mental health or substance abuse care
  150  treatment surrogate. At least one person who acts as a witness
  151  must be neither the principal’s spouse nor his or her blood
  152  relative.
  153         (2) A directive is valid upon execution, but all or part of
  154  the directive may take effect at a later date as designated by
  155  the principal in the directive.
  156         (3) A directive may:
  157         (a) Be revoked, in whole or in part, pursuant to s.
  158  765.407; or
  159         (b) Expire under its own terms.
  160         (4) A directive does not or may not:
  161         (a) Create an entitlement to mental health, substance
  162  abuse, or medical treatment or supersede a determination of
  163  medical necessity.
  164         (b) Obligate any health care provider, professional person,
  165  or health care facility to pay the costs associated with the
  166  treatment requested.
  167         (c) Obligate a health care provider, professional person,
  168  or health care facility to be responsible for the nontreatment
  169  or personal care of the principal or the principal’s personal
  170  affairs outside the scope of services the facility normally
  171  provides.
  172         (d) Replace or supersede any will or testamentary document
  173  or supersede the provision of intestate succession.
  174         (e) Be revoked by an incapacitated principal unless that
  175  principal selected the option to permit revocation while
  176  incapacitated at the time his or her directive was executed.
  177         Section 25. Section 765.407, Florida Statutes, is created
  178  to read:
  179         765.407 Revocation; waiver.
  180         (1) A principal with capacity may, by written statement of
  181  the principal or at the principal’s direction in the principal’s
  182  presence, revoke a directive in whole or in part.
  183         (2) The principal shall provide a copy of his or her
  184  written statement of revocation to his or her agent, if any, and
  185  to each health care provider, professional person, or health
  186  care facility that received a copy of the directive from the
  187  principal.
  188         (3) The written statement of revocation is effective as to
  189  a health care provider, professional person, or health care
  190  facility upon receipt. The professional person, health care
  191  provider, or health care facility, or persons acting under their
  192  direction, shall make the statement of revocation part of the
  193  principal’s medical record.
  194         (4) A directive also may:
  195         (a) Be revoked, in whole or in part, expressly or to the
  196  extent of any inconsistency, by a subsequent directive; or
  197         (b) Be superseded or revoked by a court order, including
  198  any order entered in a criminal matter. The individual’s family,
  199  the health care facility, the attending physician, or any other
  200  interested person who may be directly affected by the
  201  surrogate’s decision concerning any health care may seek
  202  expedited judicial intervention pursuant to rule 5.900 of the
  203  Florida Probate Rules, if that person believes:
  204         1. The surrogate’s decision is not in accord with the
  205  individual’s known desires;
  206         2. The advance directive is ambiguous, or the individual
  207  has changed his or her mind after execution of the advance
  208  directive;
  209         3. The surrogate was improperly designated or appointed, or
  210  the designation of the surrogate is no longer effective or has
  211  been revoked;
  212         4. The surrogate has failed to discharge duties, or
  213  incapacity or illness renders the surrogate incapable of
  214  discharging duties;
  215         5. The surrogate has abused powers; or
  216         6. The individual has sufficient capacity to make his or
  217  her own health care decisions.
  218         (5) A directive that would have otherwise expired but is
  219  effective because the principal is incapacitated remains
  220  effective until the principal is no longer incapacitated unless
  221  the principal elected to be able to revoke while incapacitated
  222  and has revoked the directive.
  223         (6) When a principal with capacity consents to treatment
  224  that differs from, or refuses treatment consented to in, his or
  225  her directive, the consent or refusal constitutes a waiver of a
  226  particular provision and does not constitute a revocation of the
  227  provision or the directive unless that principal also revokes
  228  the provision or directive.
  229         Section 26. Section 765.410, Florida Statutes, is created
  230  to read:
  231         765.410 Immunity from liability; weight of proof;
  232  presumption.—
  233         (1) A health care facility, provider, or other person who
  234  acts under the direction of a health care facility or provider
  235  is not subject to criminal prosecution or civil liability, and
  236  may not be deemed to have engaged in unprofessional conduct, as
  237  a result of carrying out a mental health care or substance abuse
  238  treatment decision made in accordance with this section. The
  239  surrogate who makes a mental health care or substance abuse
  240  treatment decision on a principal’s behalf, pursuant to this
  241  section, is not subject to criminal prosecution or civil
  242  liability for such action.
  243         (2) This section applies unless it is shown by a
  244  preponderance of the evidence that the person authorizing or
  245  carrying out a mental health or substance abuse treatment
  246  decision did not, in good faith, comply with this section.
  247         Section 27. Section 765.411, Florida Statutes, is created
  248  to read:
  249         765.411Recognition of mental health and substance abuse
  250  treatment advance directive executed in another state.—A mental
  251  health or substance abuse treatment advance directive executed
  252  in another state in compliance with the law of that state is
  253  validly executed for the purposes of this chapter.
  254         Section 28. Section 916.185, Florida Statutes, is created
  255  to read:
  256         916.185Forensic Hospital Diversion Pilot Program.—
  257         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
  258  that many jail inmates who have serious mental illnesses and who
  259  are committed to state forensic mental health treatment
  260  facilities for restoration of competency to proceed could be
  261  served more effectively and at less cost in community-based
  262  alternative programs. The Legislature further finds that many
  263  individuals who have serious mental illnesses and who have been
  264  discharged from state forensic mental health treatment
  265  facilities could avoid recidivism in the criminal justice and
  266  forensic mental health systems if they received specialized
  267  treatment in the community. Therefore, it is the intent of the
  268  Legislature to create the Forensic Hospital Diversion Pilot
  269  Program to serve individuals who have mental illnesses or co
  270  occurring mental illnesses and substance use disorders and who
  271  are admitted to or are at risk of entering state forensic mental
  272  health treatment facilities, prisons, jails, or state civil
  273  mental health treatment facilities.
  274         (2) DEFINITIONS.—As used in this section, the term:
  275         (a) “Best practices” means treatment services that
  276  incorporate the most effective and acceptable interventions
  277  available in the care and treatment of individuals who are
  278  diagnosed as having mental illnesses or co-occurring mental
  279  illnesses and substance use disorders.
  280         (b) “Community forensic system” means the community mental
  281  health and substance use forensic treatment system, including
  282  the comprehensive set of services and supports provided to
  283  individuals involved in or at risk of becoming involved in the
  284  criminal justice system.
  285         (c) “Evidence-based practices” means interventions and
  286  strategies that, based on the best available empirical research,
  287  demonstrate effective and efficient outcomes in the care and
  288  treatment of individuals who are diagnosed as having mental
  289  illnesses or co-occurring mental illnesses and substance use
  290  disorders.
  291         (3) CREATION.—There is created a Forensic Hospital
  292  Diversion Pilot Program to provide, when appropriate,
  293  competency-restoration and community-reintegration services in
  294  locked residential treatment facilities, based on considerations
  295  of public safety, the needs of the individual, and available
  296  resources.
  297         (a) The department shall implement a Forensic Hospital
  298  Diversion Pilot Program in Alachua, Escambia, Hillsborough, and
  299  Miami-Dade Counties, in conjunction with the Eighth Judicial
  300  Circuit, the First Judicial Circuit, the Thirteenth Judicial
  301  Circuit, and the Eleventh Judicial Circuit, respectively, which
  302  shall be modeled after the Miami-Dade Forensic Alternative
  303  Center, taking into account local needs and subject to the
  304  availability of local resources.
  305         (b) In creating and implementing the program, the
  306  department shall include a comprehensive continuum of care and
  307  services which uses evidence-based practices and best practices
  308  to treat individuals who have mental health and co-occurring
  309  substance use disorders.
  310         (c) The department and the respective judicial circuits
  311  shall implement this section within available resources. State
  312  funding may be made available through a specific appropriation.
  313         (4) ELIGIBILITY.—Participation in the Forensic Hospital
  314  Diversion Pilot Program is limited to individuals who:
  315         (a) Are 18 years of age or older;
  316         (b) Are charged with a felony of the second degree or a
  317  felony of the third degree;
  318         (c) Do not have a significant history of violent criminal
  319  offenses;
  320         (d) Have been adjudicated incompetent to proceed to trial
  321  or not guilty by reason of insanity under this part;
  322         (e) Meet public safety and treatment criteria established
  323  by the department for placement in a community setting; and
  324         (f) Would be admitted to a state mental health treatment
  325  facility if not for the availability of the Forensic Hospital
  326  Diversion Pilot Program.
  327         (5) TRAINING.—The Legislature encourages the Florida
  328  Supreme Court, in consultation and cooperation with the Task
  329  Force on Substance Abuse and Mental Health Issues in the Courts,
  330  to develop educational training on the community forensic system
  331  for judges in the pilot program areas.
  332         (6) RULEMAKING.—The department may adopt rules to
  333  administer this section.
  334         (7) REPORT.—The Office of Program Policy Analysis and
  335  Government Accountability shall review and evaluate the Forensic
  336  Hospital Diversion Pilot Program and submit a report to the
  337  Governor, the President of the Senate, and the Speaker of the
  338  House of Representatives by December 31, 2016. The report shall
  339  examine the efficiency and cost-effectiveness of providing
  340  forensic mental health services in secure, outpatient,
  341  community-based settings. In addition, the report shall examine
  342  the impact of the Forensic Hospital Diversion Pilot Program on
  343  public health and safety.
  344         Section 29. Paragraph (a) of subsection (3) of section
  345  39.407, Florida Statutes, is amended to read:
  346         39.407 Medical, psychiatric, and psychological examination
  347  and treatment of child; physical, mental, or substance abuse
  348  examination of person with or requesting child custody.—
  349         (3)(a)1. Except as otherwise provided in subparagraph (b)1.
  350  or paragraph (e), before the department provides psychotropic
  351  medications to a child in its custody, the prescribing physician
  352  shall attempt to obtain express and informed consent, as defined
  353  in s. 394.455(13) s. 394.455(9) and as described in s.
  354  394.459(3)(a), from the child’s parent or legal guardian. The
  355  department must take steps necessary to facilitate the inclusion
  356  of the parent in the child’s consultation with the physician.
  357  However, if the parental rights of the parent have been
  358  terminated, the parent’s location or identity is unknown or
  359  cannot reasonably be ascertained, or the parent declines to give
  360  express and informed consent, the department may, after
  361  consultation with the prescribing physician, seek court
  362  authorization to provide the psychotropic medications to the
  363  child. Unless parental rights have been terminated and if it is
  364  possible to do so, the department shall continue to involve the
  365  parent in the decisionmaking process regarding the provision of
  366  psychotropic medications. If, at any time, a parent whose
  367  parental rights have not been terminated provides express and
  368  informed consent to the provision of a psychotropic medication,
  369  the requirements of this section that the department seek court
  370  authorization do not apply to that medication until such time as
  371  the parent no longer consents.
  372         2. Any time the department seeks a medical evaluation to
  373  determine the need to initiate or continue a psychotropic
  374  medication for a child, the department must provide to the
  375  evaluating physician all pertinent medical information known to
  376  the department concerning that child.
  377         Section 30. Subsection (2) of section 394.4612, Florida
  378  Statutes, is amended to read:
  379         394.4612 Integrated adult mental health crisis
  380  stabilization and addictions receiving facilities.—
  381         (2) An integrated mental health crisis stabilization unit
  382  and addictions receiving facility may provide services under
  383  this section to adults who are 18 years of age or older and who
  384  fall into one or more of the following categories:
  385         (a) An adult meeting the requirements for voluntary
  386  admission for mental health treatment under s. 394.4625.
  387         (b) An adult meeting the criteria for involuntary
  388  examination for mental illness under s. 394.463.
  389         (c) An adult qualifying for voluntary admission for
  390  substance abuse treatment under s. 397.601.
  391         (d) An adult meeting the criteria for involuntary admission
  392  for substance abuse impairment under s. 397.675.
  393         Section 31. Paragraphs (a) and (c) of subsection (3) of
  394  section 394.495, Florida Statutes, are amended to read:
  395         394.495 Child and adolescent mental health system of care;
  396  programs and services.—
  397         (3) Assessments must be performed by:
  398         (a) A professional as defined in s. 394.455(6), (31), (34),
  399  (35), or (36) s. 394.455(2), (4), (21), (23), or (24);
  400         (c) A person who is under the direct supervision of a
  401  professional as defined in s. 394.455(6), (31), (34), (35), or
  402  (36) s. 394.455(2), (4), (21), (23), or (24) or a professional
  403  licensed under chapter 491.
  404  
  405  The department shall adopt by rule statewide standards for
  406  mental health assessments, which must be based on current
  407  relevant professional and accreditation standards.
  408         Section 32. Subsection (6) of section 394.496, Florida
  409  Statutes, is amended to read:
  410         394.496 Service planning.—
  411         (6) A professional as defined in s. 394.455(6), (31), (34),
  412  (35), or (36) s. 394.455(2), (4), (21), (23), or (24) or a
  413  professional licensed under chapter 491 must be included among
  414  those persons developing the services plan.
  415         Section 33. Subsection (2) of section 394.499, Florida
  416  Statutes, is amended to read:
  417         394.499 Integrated children’s crisis stabilization
  418  unit/juvenile addictions receiving facility services.—
  419         (2) Children eligible to receive integrated children’s
  420  crisis stabilization unit/juvenile addictions receiving facility
  421  services include:
  422         (a) A person under 18 years of age for whom voluntary
  423  application is made by his or her guardian, if such person is
  424  found to show evidence of mental illness and to be suitable for
  425  treatment pursuant to s. 394.4625. A person under 18 years of
  426  age may be admitted for integrated facility services only after
  427  a hearing to verify that the consent to admission is voluntary.
  428         (b) A person under 18 years of age who may be taken to a
  429  receiving facility for involuntary examination, if there is
  430  reason to believe that he or she is mentally ill and because of
  431  his or her mental illness, pursuant to s. 394.463:
  432         1. Has refused voluntary examination after conscientious
  433  explanation and disclosure of the purpose of the examination; or
  434         2. Is unable to determine for himself or herself whether
  435  examination is necessary; and
  436         a. Without care or treatment is likely to suffer from
  437  neglect or refuse to care for himself or herself; such neglect
  438  or refusal poses a real and present threat of substantial harm
  439  to his or her well-being; and it is not apparent that such harm
  440  may be avoided through the help of willing family members or
  441  friends or the provision of other services; or
  442         b. There is a substantial likelihood that without care or
  443  treatment he or she will cause serious bodily harm to himself or
  444  herself or others in the near future, as evidenced by recent
  445  behavior.
  446         (c) A person under 18 years of age who wishes to enter
  447  treatment for substance abuse and applies to a service provider
  448  for voluntary admission, pursuant to s. 397.601.
  449         (d) A person under 18 years of age who meets the criteria
  450  for involuntary admission because there is good faith reason to
  451  believe the person is substance abuse impaired pursuant to s.
  452  397.675 and, because of such impairment:
  453         1. Has lost the power of self-control with respect to
  454  substance use; and
  455         2.a. Has inflicted, or threatened or attempted to inflict,
  456  or unless admitted is likely to inflict, physical harm on
  457  himself or herself or another; or
  458         b. Is in need of substance abuse services and, by reason of
  459  substance abuse impairment, his or her judgment has been so
  460  impaired that the person is incapable of appreciating his or her
  461  need for such services and of making a rational decision in
  462  regard thereto; however, mere refusal to receive such services
  463  does not constitute evidence of lack of judgment with respect to
  464  his or her need for such services.
  465         (c)(e) A person under 18 years of age who meets the
  466  criteria for examination or admission under paragraph (b) or
  467  paragraph (d) and has a coexisting mental health and substance
  468  abuse disorder.
  469         Section 34. Subsection (18) of section 394.67, Florida
  470  Statutes, is amended to read:
  471         394.67 Definitions.—As used in this part, the term:
  472         (18) “Person who is experiencing an acute substance abuse
  473  crisis” means a child, adolescent, or adult who is experiencing
  474  a medical or emotional crisis because of the use of alcoholic
  475  beverages or any psychoactive or mood-altering substance. The
  476  term includes an individual who meets the criteria for
  477  involuntary admission specified in s. 397.675.
  478         Section 35. Subsection (2) of section 394.674, Florida
  479  Statutes, is amended to read:
  480         394.674 Eligibility for publicly funded substance abuse and
  481  mental health services; fee collection requirements.—
  482         (2) Crisis services, as defined in s. 394.67, must, within
  483  the limitations of available state and local matching resources,
  484  be available to each person who is eligible for services under
  485  subsection (1), regardless of the person’s ability to pay for
  486  such services. A person who is experiencing a mental health
  487  crisis and who does not meet the criteria for involuntary
  488  examination under s. 394.463(1), or a person who is experiencing
  489  a substance abuse crisis and who does not meet the involuntary
  490  admission criteria in s. 397.675, must contribute to the cost of
  491  his or her care and treatment pursuant to the sliding fee scale
  492  developed under subsection (4), unless charging a fee is
  493  contraindicated because of the crisis situation.
  494         Section 36. Subsection (6) of section 394.9085, Florida
  495  Statutes, is amended to read:
  496         394.9085 Behavioral provider liability.—
  497         (6) For purposes of this section, the terms “detoxification
  498  services,” “addictions receiving facility,” and “receiving
  499  facility” have the same meanings as those provided in ss.
  500  397.311(18)(a)4., 397.311(18)(a)1., and 394.455(27) 394.455(26),
  501  respectively.
  502         Section 37. Paragraph (d) of subsection (1) of section
  503  395.0197, Florida Statutes, is amended to read:
  504         395.0197 Internal risk management program.—
  505         (1) Every licensed facility shall, as a part of its
  506  administrative functions, establish an internal risk management
  507  program that includes all of the following components:
  508         (d) A system for informing a patient or an individual
  509  identified pursuant to s. 765.311(1) s. 765.401(1) that the
  510  patient was the subject of an adverse incident, as defined in
  511  subsection (5). Such notice shall be given by an appropriately
  512  trained person designated by the licensed facility as soon as
  513  practicable to allow the patient an opportunity to minimize
  514  damage or injury.
  515         Section 38. Section 395.1051, Florida Statutes, is amended
  516  to read:
  517         395.1051 Duty to notify patients.—An appropriately trained
  518  person designated by each licensed facility shall inform each
  519  patient, or an individual identified pursuant to s. 765.311(1)
  520  s. 765.401(1), in person about adverse incidents that result in
  521  serious harm to the patient. Notification of outcomes of care
  522  that result in harm to the patient under this section shall not
  523  constitute an acknowledgment or admission of liability, nor can
  524  it be introduced as evidence.
  525         Section 39. Subsection (11) and paragraph (a) of subsection
  526  (18) of section 397.311, Florida Statutes, are amended to read:
  527         397.311 Definitions.—As used in this chapter, except part
  528  VIII, the term:
  529         (11) “Habitual abuser” means a person who is brought to the
  530  attention of law enforcement for being substance impaired, who
  531  meets the criteria for involuntary admission in s. 397.675, and
  532  who has been taken into custody for such impairment three or
  533  more times during the preceding 12 months.
  534         (18) Licensed service components include a comprehensive
  535  continuum of accessible and quality substance abuse prevention,
  536  intervention, and clinical treatment services, including the
  537  following services:
  538         (a) “Clinical treatment” means a professionally directed,
  539  deliberate, and planned regimen of services and interventions
  540  that are designed to reduce or eliminate the misuse of drugs and
  541  alcohol and promote a healthy, drug-free lifestyle. As defined
  542  by rule, “clinical treatment services” include, but are not
  543  limited to, the following licensable service components:
  544         1. “Addictions receiving facility” is a secure, acute care
  545  facility that provides, at a minimum, detoxification and
  546  stabilization services and; is operated 24 hours per day, 7 days
  547  per week; and is designated by the department to serve
  548  individuals found to be substance use impaired as described in
  549  s. 397.675 who meet the placement criteria for this component.
  550         2. “Day or night treatment” is a service provided in a
  551  nonresidential environment, with a structured schedule of
  552  treatment and rehabilitative services.
  553         3. “Day or night treatment with community housing” means a
  554  program intended for individuals who can benefit from living
  555  independently in peer community housing while participating in
  556  treatment services for a minimum of 5 hours a day for a minimum
  557  of 25 hours per week.
  558         4. “Detoxification” is a service involving subacute care
  559  that is provided on an inpatient or an outpatient basis to
  560  assist individuals to withdraw from the physiological and
  561  psychological effects of substance abuse and who meet the
  562  placement criteria for this component.
  563         5. “Intensive inpatient treatment” includes a planned
  564  regimen of evaluation, observation, medical monitoring, and
  565  clinical protocols delivered through an interdisciplinary team
  566  approach provided 24-hours-per-day 24 hours per day, 7-days-per
  567  week 7 days per week, in a highly structured, live-in
  568  environment.
  569         6. “Intensive outpatient treatment” is a service that
  570  provides individual or group counseling in a more structured
  571  environment, is of higher intensity and duration than outpatient
  572  treatment, and is provided to individuals who meet the placement
  573  criteria for this component.
  574         7. “Medication-assisted treatment for opiate addiction” is
  575  a service that uses methadone or other medication as authorized
  576  by state and federal law, in combination with medical,
  577  rehabilitative, and counseling services in the treatment of
  578  individuals who are dependent on opioid drugs.
  579         8. “Outpatient treatment” is a service that provides
  580  individual, group, or family counseling by appointment during
  581  scheduled operating hours for individuals who meet the placement
  582  criteria for this component.
  583         9. “Residential treatment” is a service provided in a
  584  structured live-in environment within a nonhospital setting on a
  585  24-hours-per-day, 7-days-per-week basis, and is intended for
  586  individuals who meet the placement criteria for this component.
  587         Section 40. Subsection (3) of section 397.431, Florida
  588  Statutes, is amended to read:
  589         397.431 Individual responsibility for cost of substance
  590  abuse impairment services.—
  591         (3) The parent, legal guardian, or legal custodian of a
  592  minor is not liable for payment for any substance abuse services
  593  provided to the minor without parental consent pursuant to s.
  594  397.601(4), unless the parent, legal guardian, or legal
  595  custodian participates or is ordered to participate in the
  596  services, and only for the substance abuse services rendered. If
  597  the minor is receiving services as a juvenile offender, the
  598  obligation to pay is governed by the law relating to juvenile
  599  offenders.
  600         Section 41. Paragraph (b) of subsection (2) of section
  601  397.702, Florida Statutes, is amended to read:
  602         397.702 Authorization of local ordinances for treatment of
  603  habitual abusers in licensed secure facilities.—
  604         (2) Ordinances for the treatment of habitual abusers must
  605  provide:
  606         (b) That when seeking treatment of a habitual abuser, the
  607  county or municipality, through an officer or agent specified in
  608  the ordinance, must file with the court a petition which alleges
  609  the following information about the alleged habitual abuser (the
  610  respondent):
  611         1. The name, address, age, and gender of the respondent.
  612         2. The name of any spouse, adult child, other relative, or
  613  guardian of the respondent, if known to the petitioner, and the
  614  efforts, if any, by the petitioner, if any, to ascertain this
  615  information.
  616         3. The name of the petitioner, the name of the person who
  617  has physical custody of the respondent, and the current location
  618  of the respondent.
  619         4. That the respondent has been taken into custody for
  620  impairment in a public place, or has been arrested for an
  621  offense committed while impaired, three or more times during the
  622  preceding 12 months.
  623         5. Specific facts indicating that the respondent meets the
  624  criteria for involuntary admission in s. 397.675.
  625         5.6. Whether the respondent was advised of his or her right
  626  to be represented by counsel and to request that the court
  627  appoint an attorney if he or she is unable to afford one, and
  628  whether the respondent indicated to petitioner his or her desire
  629  to have an attorney appointed.
  630         Section 42. Paragraph (a) of subsection (1) of section
  631  397.94, Florida Statutes, is amended to read:
  632         397.94 Children’s substance abuse services; information and
  633  referral network.—
  634         (1) The substate entity shall determine the most cost
  635  effective method for delivering this service and may select a
  636  new provider or utilize an existing provider or providers with a
  637  record of success in providing information and referral
  638  services.
  639         (a) The plan must provide assurances that the information
  640  and referral network will include a resource directory that
  641  contains information regarding the children’s substance abuse
  642  services available, including, but not limited to:
  643         1. Public and private resources by service component,
  644  including resources for involuntary admissions under s. 397.675.
  645         1.2. Hours of operation and hours during which services are
  646  provided.
  647         2.3. Ages of persons served.
  648         3.4. Description of services.
  649         4.5. Eligibility requirements.
  650         5.6. Fee schedules.
  651         Section 43. Section 402.3057, Florida Statutes, is amended
  652  to read:
  653         402.3057 Persons not required to be refingerprinted or
  654  rescreened.—Any provision of law to the contrary
  655  notwithstanding, human resource personnel who have been
  656  fingerprinted or screened pursuant to chapters 393, 394, 397,
  657  402, and 409, and teachers and noninstructional personnel who
  658  have been fingerprinted pursuant to chapter 1012, who have not
  659  been unemployed for more than 90 days thereafter, and who under
  660  the penalty of perjury attest to the completion of such
  661  fingerprinting or screening and to compliance with the
  662  provisions of this section and the standards for good moral
  663  character as contained in such provisions as ss. 110.1127(2)(c),
  664  393.0655(1), 394.457(6), 397.451, 402.305(2), and 409.175(6),
  665  shall not be required to be refingerprinted or rescreened in
  666  order to comply with any caretaker screening or fingerprinting
  667  requirements.
  668         Section 44. Section 409.1757, Florida Statutes, is amended
  669  to read:
  670         409.1757 Persons not required to be refingerprinted or
  671  rescreened.—Any law to the contrary notwithstanding, human
  672  resource personnel who have been fingerprinted or screened
  673  pursuant to chapters 393, 394, 397, 402, and this chapter,
  674  teachers who have been fingerprinted pursuant to chapter 1012,
  675  and law enforcement officers who meet the requirements of s.
  676  943.13, who have not been unemployed for more than 90 days
  677  thereafter, and who under the penalty of perjury attest to the
  678  completion of such fingerprinting or screening and to compliance
  679  with this section and the standards for good moral character as
  680  contained in such provisions as ss. 110.1127(2)(c), 393.0655(1),
  681  394.457(6), 397.451, 402.305(2), 409.175(6), and 943.13(7), are
  682  not required to be refingerprinted or rescreened in order to
  683  comply with any caretaker screening or fingerprinting
  684  requirements.
  685         Section 45. Paragraph (b) of subsection (1) of section
  686  409.972, Florida Statutes, is amended to read:
  687         409.972 Mandatory and voluntary enrollment.—
  688         (1) The following Medicaid-eligible persons are exempt from
  689  mandatory managed care enrollment required by s. 409.965, and
  690  may voluntarily choose to participate in the managed medical
  691  assistance program:
  692         (b) Medicaid recipients residing in residential commitment
  693  facilities operated through the Department of Juvenile Justice
  694  or mental health treatment facilities as defined by s.
  695  394.455(47) s. 394.455(32).
  696         Section 46. Section 456.0575, Florida Statutes, is amended
  697  to read:
  698         456.0575 Duty to notify patients.—Every licensed health
  699  care practitioner shall inform each patient, or an individual
  700  identified pursuant to s. 765.311(1) s. 765.401(1), in person
  701  about adverse incidents that result in serious harm to the
  702  patient. Notification of outcomes of care that result in harm to
  703  the patient under this section shall not constitute an
  704  acknowledgment of admission of liability, nor can such
  705  notifications be introduced as evidence.
  706         Section 47. Subsection (7) of section 744.704, Florida
  707  Statutes, is amended to read:
  708         744.704 Powers and duties.—
  709         (7) A public guardian shall not commit a ward to a mental
  710  health treatment facility, as defined in s. 394.455(47) s.
  711  394.455(32), without an involuntary placement proceeding as
  712  provided by law.
  713         Section 48. Subsection (15) of section 765.101, Florida
  714  Statutes, is amended to read:
  715         765.101 Definitions.—As used in this chapter:
  716         (15) “Proxy” means a competent adult who has not been
  717  expressly designated to make health care decisions for a
  718  particular incapacitated individual, but who, nevertheless, is
  719  authorized pursuant to s. 765.311 s. 765.401 to make health care
  720  decisions for such individual.
  721         Section 49. Subsection (4) of section 765.104, Florida
  722  Statutes, is amended to read:
  723         765.104 Amendment or revocation.—
  724         (4) Any patient for whom a medical proxy has been
  725  recognized under s. 765.311 s. 765.401 and for whom any previous
  726  legal disability that precluded the patient’s ability to consent
  727  is removed may amend or revoke the recognition of the medical
  728  proxy and any uncompleted decision made by that proxy. The
  729  amendment or revocation takes effect when it is communicated to
  730  the proxy, the health care provider, or the health care facility
  731  in writing or, if communicated orally, in the presence of a
  732  third person.
  733  
  734  ================= T I T L E  A M E N D M E N T ================
  735  And the title is amended as follows:
  736         Delete lines 113 - 128
  737  and insert:
  738         of beds in crisis stabilization units; transferring
  739         and renumbering s. 765.401, F.S.; transferring and
  740         renumbering s. 765.404, F.S.; providing a directive to
  741         the Division of Law Revision and Information; creating
  742         s. 765.4015, F.S.; providing a short title; creating
  743         s. 765.402, F.S.; providing legislative findings;
  744         creating s. 765.403, F.S.; defining terms; creating s.
  745         765.405, F.S.; authorizing an adult with capacity to
  746         execute a mental health or substance abuse treatment
  747         advance directive; providing a presumption of validity
  748         if certain requirements are met; specifying provisions
  749         that an advance directive may include; creating s.
  750         765.406, F.S.; providing for execution of the mental
  751         health or substance abuse treatment advance directive;
  752         establishing requirements for a valid mental health or
  753         substance abuse treatment advance directive; providing
  754         that a mental health or substance abuse treatment
  755         advance directive is valid upon execution even if a
  756         part of the advance directive takes effect at a later
  757         date; allowing a mental health or substance abuse
  758         treatment advance directive to be revoked, in whole or
  759         in part, or to expire under its own terms; specifying
  760         that a mental health or substance abuse treatment
  761         advance directive does not or may not serve specified
  762         purposes; creating s. 765.407, F.S.; providing
  763         circumstances under which a mental health or substance
  764         abuse treatment advance directive may be revoked;
  765         providing circumstances under which a principal may
  766         waive specific directive provisions without revoking
  767         the advance directive; creating s. 765.410, F.S.;
  768         prohibiting criminal prosecution of a health care
  769         facility, provider, or surrogate who acts pursuant to
  770         a mental health or substance abuse treatment decision;
  771         creating s. 765.411, F.S.; providing for recognition
  772         of a mental health and substance abuse treatment
  773         advance directive executed in another state if it
  774         complies with the laws of this state; creating s.
  775         916.185, F.S.; providing legislative findings and
  776         intent; defining terms; creating the Forensic Hospital
  777         Diversion Pilot Program; requiring the Department of
  778         Children and Families to implement a Forensic Hospital
  779         Diversion Pilot Program in four specified judicial
  780         circuits; providing eligibility criteria for
  781         participation in the pilot program; providing
  782         legislative intent concerning the training of judges;
  783         authorizing the department to adopt rules; directing
  784         the Office of Program Policy Analysis and Government
  785         Accountability to submit a report to the Governor and
  786         the Legislature; amending ss. 39.407, 394.4612,
  787         394.495, 394.496, 394.499, 394.67, 394.674, 394.9085,
  788         395.0197, 395.1051, 397.311, 397.431, 397.702, 397.94,
  789         402.3057, 409.1757, 409.972, 456.0575, 744.704,
  790         765.101, 765.104 and 790.065, F.S.; conforming cross-