Florida Senate - 2016                                     SB 572
       
       
        
       By Senator Altman
       
       
       
       
       
       16-00798-16                                            2016572__
    1                        A bill to be entitled                      
    2         An act relating to involuntary examinations under the
    3         Baker Act; amending s. 394.455, F.S.; defining terms;
    4         amending s. 394.463, F.S.; authorizing physician
    5         assistants and advanced registered nurse practitioners
    6         to execute a certificate that finds that a person
    7         appears to meet the criteria for involuntary
    8         examination under the Baker Act of persons believed to
    9         have mental illness; amending ss. 39.407, 394.495,
   10         394.496, 394.9085, 409.972, and 744.704, F.S.;
   11         conforming cross-references; providing an effective
   12         date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Present subsections (2) through (21) of section
   17  394.455, Florida Statutes, are redesignated as subsections (3)
   18  through (22), respectively, present subsections (22) through
   19  (38) of that section are redesignated as subsections (24)
   20  through (40), respectively, and new subsections (2) and (23) are
   21  added to that section, to read:
   22         394.455 Definitions.—As used in this part, unless the
   23  context clearly requires otherwise, the term:
   24         (2) “Advanced registered nurse practitioner” means a person
   25  licensed in this state to practice professional nursing and
   26  certified in advanced or specialized nursing practice, as
   27  defined in s. 464.003.
   28         (23) “Physician assistant” has the same meaning as defined
   29  in s. 458.347(2)(e).
   30         Section 2. Paragraph (a) of subsection (2) of section
   31  394.463, Florida Statutes, is amended to read:
   32         394.463 Involuntary examination.—
   33         (2) INVOLUNTARY EXAMINATION.—
   34         (a) An involuntary examination may be initiated by any one
   35  of the following means:
   36         1. A court may enter an ex parte order stating that a
   37  person appears to meet the criteria for involuntary examination,
   38  giving the findings on which that conclusion is based. The ex
   39  parte order for involuntary examination must be based on sworn
   40  testimony, written or oral. If other less restrictive means are
   41  not available, such as voluntary appearance for outpatient
   42  evaluation, a law enforcement officer, or other designated agent
   43  of the court, shall take the person into custody and deliver him
   44  or her to the nearest receiving facility for involuntary
   45  examination. The order of the court shall be made a part of the
   46  patient’s clinical record. A No fee may not shall be charged for
   47  the filing of an order under this subsection. Any receiving
   48  facility accepting the patient based on this order must send a
   49  copy of the order to the Agency for Health Care Administration
   50  on the next working day. The order shall be valid only until
   51  executed or, if not executed, for the period specified in the
   52  order itself. If no time limit is specified in the order, the
   53  order shall be valid for 7 days after the date that the order
   54  was signed.
   55         2. A law enforcement officer shall take a person who
   56  appears to meet the criteria for involuntary examination into
   57  custody and deliver the person or have him or her delivered to
   58  the nearest receiving facility for examination. The officer
   59  shall execute a written report detailing the circumstances under
   60  which the person was taken into custody, and the report shall be
   61  made a part of the patient’s clinical record. Any receiving
   62  facility accepting the patient based on this report must send a
   63  copy of the report to the Agency for Health Care Administration
   64  on the next working day.
   65         3. A physician, physician assistant, clinical psychologist,
   66  psychiatric nurse, mental health counselor, marriage and family
   67  therapist, or clinical social worker, or advanced registered
   68  nurse practitioner may execute a certificate stating that he or
   69  she has examined a person within the preceding 48 hours and
   70  finds that the person appears to meet the criteria for
   71  involuntary examination and stating the observations upon which
   72  that conclusion is based. If other less restrictive means are
   73  not available, such as voluntary appearance for outpatient
   74  evaluation, a law enforcement officer shall take the person
   75  named in the certificate into custody and deliver him or her to
   76  the nearest receiving facility for involuntary examination. The
   77  law enforcement officer shall execute a written report detailing
   78  the circumstances under which the person was taken into custody.
   79  The report and certificate shall be made a part of the patient’s
   80  clinical record. Any receiving facility accepting the patient
   81  based on this certificate must send a copy of the certificate to
   82  the Agency for Health Care Administration on the next working
   83  day.
   84         Section 3. Paragraph (a) of subsection (3) of section
   85  39.407, Florida Statutes, is amended to read:
   86         39.407 Medical, psychiatric, and psychological examination
   87  and treatment of child; physical, mental, or substance abuse
   88  examination of person with or requesting child custody.—
   89         (3)(a)1. Except as otherwise provided in subparagraph (b)1.
   90  or paragraph (e), before the department provides psychotropic
   91  medications to a child in its custody, the prescribing physician
   92  shall attempt to obtain express and informed consent, as defined
   93  in s. 394.455(10) s. 394.455(9) and as described in s.
   94  394.459(3)(a), from the child’s parent or legal guardian. The
   95  department must take steps necessary to facilitate the inclusion
   96  of the parent in the child’s consultation with the physician.
   97  However, if the parental rights of the parent have been
   98  terminated, the parent’s location or identity is unknown or
   99  cannot reasonably be ascertained, or the parent declines to give
  100  express and informed consent, the department may, after
  101  consultation with the prescribing physician, seek court
  102  authorization to provide the psychotropic medications to the
  103  child. Unless parental rights have been terminated and if it is
  104  possible to do so, the department shall continue to involve the
  105  parent in the decisionmaking process regarding the provision of
  106  psychotropic medications. If, at any time, a parent whose
  107  parental rights have not been terminated provides express and
  108  informed consent to the provision of a psychotropic medication,
  109  the requirements of this section that the department seek court
  110  authorization do not apply to that medication until such time as
  111  the parent no longer consents.
  112         2. Any time the department seeks a medical evaluation to
  113  determine the need to initiate or continue a psychotropic
  114  medication for a child, the department must provide to the
  115  evaluating physician all pertinent medical information known to
  116  the department concerning that child.
  117         Section 4. Paragraphs (a) and (c) of subsection (3) of
  118  section 394.495, Florida Statutes, are amended to read:
  119         394.495 Child and adolescent mental health system of care;
  120  programs and services.—
  121         (3) Assessments must be performed by:
  122         (a) A professional as defined in s. 394.455(3), (5), (22),
  123  (25), or (26) s. 394.455(2), (4), (21), (23), or (24);
  124         (c) A person who is under the direct supervision of a
  125  professional as defined in s. 394.455(3), (5), (22), (25), or
  126  (26) s. 394.455(2), (4), (21), (23), or (24) or a professional
  127  licensed under chapter 491.
  128         Section 5. Subsection (5) of section 394.496, Florida
  129  Statutes, is amended to read:
  130         394.496 Service planning.—
  131         (5) A professional as defined in s. 394.455(3), (5), (22),
  132  (25), or (26) s. 394.455(2), (4), (21), (23), or (24) or a
  133  professional licensed under chapter 491 must be included among
  134  those persons developing the services plan.
  135         Section 6. Subsection (6) of section 394.9085, Florida
  136  Statutes, is amended to read:
  137         394.9085 Behavioral provider liability.—
  138         (6) For purposes of this section, the terms “detoxification
  139  services,” “addictions receiving facility,” and “receiving
  140  facility” have the same meanings as those provided in ss.
  141  397.311(22)(a)4., 397.311(22)(a)1., and 394.455(28) 394.455(26),
  142  respectively.
  143         Section 7. Paragraph (b) of subsection (1) of section
  144  409.972, Florida Statutes, is amended to read:
  145         409.972 Mandatory and voluntary enrollment.—
  146         (1) The following Medicaid-eligible persons are exempt from
  147  mandatory managed care enrollment required by s. 409.965, and
  148  may voluntarily choose to participate in the managed medical
  149  assistance program:
  150         (b) Medicaid recipients residing in residential commitment
  151  facilities operated through the Department of Juvenile Justice
  152  or mental health treatment facilities as defined by s.
  153  394.455(34) s. 394.455(32).
  154         Section 8. Subsection (7) of section 744.704, Florida
  155  Statutes, is amended to read:
  156         744.704 Powers and duties.—
  157         (7) A public guardian may shall not commit a ward to a
  158  mental health treatment facility, as defined in s. 394.455(34)
  159  s. 394.455(32), without an involuntary placement proceeding as
  160  provided by law.
  161         Section 9. This act shall take effect July 1, 2016.