Florida Senate - 2018                                    SB 1740
       By Senator Torres
       15-00458-18                                           20181740__
    1                        A bill to be entitled                      
    2         An act relating to mental health and substance abuse
    3         services for veterans; amending ss. 394.463 and
    4         397.6758, F.S.; requiring a veteran who is
    5         involuntarily examined under the Baker Act or
    6         involuntarily assessed under the Hal S. Marchman
    7         Alcohol and Other Drug Services Act to be released to
    8         a United States Department of Veterans Affairs
    9         hospital to ensure coordination of treatment;
   10         providing an effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Paragraph (g) of subsection (2) of section
   15  394.463, Florida Statutes, is amended to read:
   16         394.463 Involuntary examination.—
   18         (g) The examination period must be for up to 72 hours. For
   19  a minor, the examination shall be initiated within 12 hours
   20  after the patient’s arrival at the facility. Within the
   21  examination period or, if the examination period ends on a
   22  weekend or holiday, no later than the next working day
   23  thereafter, one of the following actions must be taken, based on
   24  the individual needs of the patient:
   25         1. The patient shall be released, unless he or she is
   26  charged with a crime, in which case the patient shall be
   27  returned to the custody of a law enforcement officer;
   28         2. The patient shall be released, subject to subparagraph
   29  1., for voluntary outpatient treatment;
   30         3. The patient, unless he or she is charged with a crime,
   31  shall be asked to give express and informed consent to placement
   32  as a voluntary patient and, if such consent is given, the
   33  patient shall be admitted as a voluntary patient; or
   34         4. A petition for involuntary services shall be filed in
   35  the circuit court if inpatient treatment is deemed necessary or
   36  with the criminal county court, as defined in s. 394.4655(1), as
   37  applicable. When inpatient treatment is deemed necessary, the
   38  least restrictive treatment consistent with the optimum
   39  improvement of the patient’s condition shall be made available.
   40  When a petition is to be filed for involuntary outpatient
   41  placement, it shall be filed by one of the petitioners specified
   42  in s. 394.4655(4)(a). A petition for involuntary inpatient
   43  placement shall be filed by the facility administrator; or.
   44         5. Notwithstanding s. 394.4672, a patient who is a veteran
   45  as defined in s. 1.01, must be released to a United States
   46  Department of Veterans Affairs hospital to ensure coordination
   47  of treatment.
   48         Section 2. Section 397.6758, Florida Statutes, is amended
   49  to read:
   50         397.6758 Release of individual from protective custody,
   51  emergency admission, involuntary assessment, involuntary
   52  treatment, and alternative involuntary assessment of a minor.—An
   53  individual involuntarily admitted to a licensed service provider
   54  may be released without further order of the court only by a
   55  qualified professional in a hospital, a detoxification facility,
   56  an addictions receiving facility, or any less restrictive
   57  treatment component. Notice of the release must be provided to
   58  the applicant in the case of an emergency admission or an
   59  alternative involuntary assessment for a minor, or to the
   60  petitioner and the court if the involuntary assessment or
   61  treatment was court ordered.
   62         (1) In the case of a minor, the release must be:
   63         (a)(1) To the individual’s parent, legal guardian, or legal
   64  custodian or the authorized designee thereof;
   65         (b)(2) To the Department of Children and Families pursuant
   66  to s. 39.401; or
   67         (c)(3) To the Department of Juvenile Justice pursuant to s.
   68  984.13.
   69         (2) In the case of a veteran as defined in s. 1.01, the
   70  release must be to a United States Department of Veterans
   71  Affairs hospital to ensure coordination of treatment.
   72         Section 3. This act shall take effect July 1, 2018.