Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 1580
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/17/2017           .                                

       The Committee on Children, Families, and Elder Affairs (Gibson)
       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraphs (g) and (h) of subsection (2) of
    6  section 394.463, Florida Statutes, are amended to read:
    7         394.463 Involuntary examination.—
    9         (g) The examination period may last for up to 72 hours for
   10  an adult. For a minor, the examination must be initiated within
   11  12 hours after the patient’s arrival at the facility and
   12  completed within 24 hours unless the attending physician,
   13  clinical psychologist, or psychiatric nurse performing within
   14  the framework of an established protocol with a psychiatrist
   15  determines that additional time is required to stabilize and
   16  assess the minor. Within the 72-hour examination period or, if
   17  the examination period 72 hours ends on a weekend or holiday, no
   18  later than the next working day thereafter, one of the following
   19  actions must be taken, based on the individual needs of the
   20  patient:
   21         1. The patient shall be released, unless he or she is
   22  charged with a crime, in which case the patient shall be
   23  returned to the custody of a law enforcement officer;
   24         2. The patient shall be released, subject to the provisions
   25  of subparagraph 1., for voluntary outpatient treatment;
   26         3. The patient, unless he or she is charged with a crime,
   27  shall be asked to give express and informed consent to placement
   28  as a voluntary patient and, if such consent is given, the
   29  patient shall be admitted as a voluntary patient; or
   30         4. A petition for involuntary services shall be filed in
   31  the circuit court if inpatient treatment is deemed necessary or
   32  with the criminal county court, as defined in s. 394.4655(1), as
   33  applicable. When inpatient treatment is deemed necessary, the
   34  least restrictive treatment consistent with the optimum
   35  improvement of the patient’s condition shall be made available.
   36  When a petition is to be filed for involuntary outpatient
   37  placement, it shall be filed by one of the petitioners specified
   38  in s. 394.4655(4)(a). A petition for involuntary inpatient
   39  placement shall be filed by the facility administrator.
   40         (h) A person for whom an involuntary examination has been
   41  initiated who is being evaluated or treated at a hospital for an
   42  emergency medical condition specified in s. 395.002 must be
   43  examined by a facility within the examination period specified
   44  in paragraph (g) 72 hours. The examination 72-hour period begins
   45  when the patient arrives at the hospital and ceases when the
   46  attending physician documents that the patient has an emergency
   47  medical condition. If the patient is examined at a hospital
   48  providing emergency medical services by a professional qualified
   49  to perform an involuntary examination and is found as a result
   50  of that examination not to meet the criteria for involuntary
   51  outpatient services pursuant to s. 394.4655(2) or involuntary
   52  inpatient placement pursuant to s. 394.467(1), the patient may
   53  be offered voluntary services or placement, if appropriate, or
   54  released directly from the hospital providing emergency medical
   55  services. The finding by the professional that the patient has
   56  been examined and does not meet the criteria for involuntary
   57  inpatient services or involuntary outpatient placement must be
   58  entered into the patient’s clinical record. This paragraph is
   59  not intended to prevent a hospital providing emergency medical
   60  services from appropriately transferring a patient to another
   61  hospital before stabilization if the requirements of s.
   62  395.1041(3)(c) have been met.
   63         Section 2. (1)There is created a task force within the
   64  Department of Children and Families to address the issue of
   65  involuntary examinations under s. 394.463, Florida Statutes, of
   66  children age 17 and younger. The task force shall, at a minimum,
   67  analyze data on the initiation of involuntary examinations of
   68  children, research the root causes of trends in such involuntary
   69  examinations, and identify recommendations for encouraging
   70  alternatives to these examinations. The task force shall submit
   71  a report on its findings to the Governor, the President of the
   72  Senate, and the Speaker of the House of Representatives on or
   73  before December 1, 2017.
   74         (2) The task force shall consist of the following members:
   75         (a) The Secretary of the Department of Children and
   76  Families, or his or her designee, who shall chair the task
   77  force.
   78         (b) The Commissioner of the Department of Education, or his
   79  or her designee.
   80         (c) A representative of the Florida Public Defender
   81  Association.
   82         (d)A representative of the Florida Association of District
   83  School Superintendents.
   84         (e) A representative of the Florida Sheriffs Association.
   85         (f) A representative of the Florida Police Chiefs
   86  Association.
   87         (g) A representative of the Florida Council for Community
   88  Mental Health.
   89         (h) A representative of the Florida Alcohol and Drug Abuse
   90  Association.
   91         (i) A representative of the Behavioral Health Care Council
   92  of the Florida Hospital Association.
   93         (j) A representative of the Florida Psychiatric Society.
   94         (k) A representative of the National Alliance on Mental
   95  Illness.
   96         (l) One individual who is a family member of a minor who
   97  has been subject to an involuntary examination.
   98         (m) Other members as deemed appropriate by the Secretary of
   99  the Department of Children and Families.
  100         (3) The department shall use existing and available
  101  resources to administer and support the activities of the task
  102  force. Members of the task force shall serve without
  103  compensation and are not entitled to reimbursement for per diem
  104  or travel expense. The task force may conduct its meetings via
  105  teleconference.
  106         (4) This section expires March 31, 2018.
  107         Section 3. This act shall take effect July 1, 2017.
  109  ================= T I T L E  A M E N D M E N T ================
  110  And the title is amended as follows:
  111         Delete everything before the enacting clause
  112  and insert:
  113                        A bill to be entitled                      
  114         An act relating to admission of children and
  115         adolescents to mental health facilities; amending s.
  116         394.463, F.S.; requiring a facility to initiate an
  117         involuntary examination of a minor within 12 hours and
  118         complete the examination within 24 hours after the
  119         patient’s arrival; providing an exception; creating a
  120         task force within the Department of Children and
  121         Families; requiring the task force to analyze certain
  122         data and make recommendations in a report to the
  123         Governor and the Legislature by a specified date;
  124         specifying task force membership; specifying operation
  125         of the task force; providing for expiration of the
  126         task force; providing an effective date.