Florida Senate - 2022                          SENATOR AMENDMENT
       Bill No. CS for SB 1844
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       Senator Bean moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (1) and subsection
    6  (4) of section 394.4625, Florida Statutes, are amended to read:
    7         394.4625 Voluntary admissions.—
    8         (1) AUTHORITY TO RECEIVE PATIENTS.—
    9         (a) A facility may receive for observation, diagnosis, or
   10  treatment any person 18 years of age or older who applies making
   11  application by express and informed consent for admission or any
   12  person age 17 or younger whose parent or legal guardian applies
   13  under for admission whom such application is made by his or her
   14  guardian. If found to show evidence of mental illness, to be
   15  competent to provide express and informed consent, and to be
   16  suitable for treatment, such person 18 years of age or older may
   17  be admitted to the facility. A person age 17 or younger under
   18  may be admitted only after a clinical review hearing to verify
   19  the voluntariness of the minor’s assent consent.
   20         (4) TRANSFER TO VOLUNTARY STATUS.—An involuntary patient
   21  who applies to be transferred to voluntary status shall be
   22  transferred to voluntary status immediately, unless the patient
   23  has been charged with a crime, or has been involuntarily placed
   24  for treatment by a court pursuant to s. 394.467 and continues to
   25  meet the criteria for involuntary placement. When transfer to
   26  voluntary status occurs, notice shall be given as provided in s.
   27  394.4599, and if the patient is a minor, the minor’s assent to
   28  voluntary care must be verified as provided in paragraph (1)(a).
   29         Section 2. Paragraph (a) of subsection (2) of section
   30  394.463, Florida Statutes, is amended to read:
   31         394.463 Involuntary examination.—
   32         (2) INVOLUNTARY EXAMINATION.—
   33         (a) An involuntary examination may be initiated by any one
   34  of the following means:
   35         1. A circuit or county court may enter an ex parte order
   36  stating that a person appears to meet the criteria for
   37  involuntary examination and specifying the findings on which
   38  that conclusion is based. The ex parte order for involuntary
   39  examination must be based on written or oral sworn testimony
   40  that includes specific facts that support the findings. If other
   41  less restrictive means are not available, such as voluntary
   42  appearance for outpatient evaluation, a law enforcement officer,
   43  or other designated agent of the court, shall take the person
   44  into custody and deliver him or her to an appropriate, or the
   45  nearest, facility within the designated receiving system
   46  pursuant to s. 394.462 for involuntary examination. The order of
   47  the court shall be made a part of the patient’s clinical record.
   48  A fee may not be charged for the filing of an order under this
   49  subsection. A facility accepting the patient based on this order
   50  must send a copy of the order to the department within 5 working
   51  days. The order may be submitted electronically through existing
   52  data systems, if available. The order shall be valid only until
   53  the person is delivered to the facility or for the period
   54  specified in the order itself, whichever comes first. If a time
   55  limit is not specified in the order, the order is valid for 7
   56  days after the date that the order was signed.
   57         2. A law enforcement officer shall take a person who
   58  appears to meet the criteria for involuntary examination into
   59  custody and deliver the person or have him or her delivered to
   60  an appropriate, or the nearest, facility within the designated
   61  receiving system pursuant to s. 394.462 for examination. A law
   62  enforcement officer transporting a person pursuant to this
   63  subparagraph shall restrain the person in the least restrictive
   64  manner available and appropriate under the circumstances. The
   65  officer shall execute a written report detailing the
   66  circumstances under which the person was taken into custody,
   67  which must be made a part of the patient’s clinical record. Any
   68  facility accepting the patient based on this report must send a
   69  copy of the report to the department within 5 working days.
   70         3. A physician, a physician assistant, a clinical
   71  psychologist, a psychiatric nurse, an advanced practice
   72  registered nurse registered under s. 464.0123, a mental health
   73  counselor, a marriage and family therapist, or a clinical social
   74  worker may execute a certificate stating that he or she has
   75  examined a person within the preceding 48 hours and finds that
   76  the person appears to meet the criteria for involuntary
   77  examination and stating the observations upon which that
   78  conclusion is based. If other less restrictive means, such as
   79  voluntary appearance for outpatient evaluation, are not
   80  available, a law enforcement officer shall take into custody the
   81  person named in the certificate and deliver him or her to the
   82  appropriate, or nearest, facility within the designated
   83  receiving system pursuant to s. 394.462 for involuntary
   84  examination. The law enforcement officer shall execute a written
   85  report detailing the circumstances under which the person was
   86  taken into custody. The report and certificate shall be made a
   87  part of the patient’s clinical record. Any facility accepting
   88  the patient based on this certificate must send a copy of the
   89  certificate to the department within 5 working days. The
   90  document may be submitted electronically through existing data
   91  systems, if applicable.
   92  
   93  When sending the order, report, or certificate to the
   94  department, a facility shall, at a minimum, provide information
   95  about which action was taken regarding the patient under
   96  paragraph (g), which information shall also be made a part of
   97  the patient’s clinical record.
   98         Section 3. Section 397.341, Florida Statutes, is created to
   99  read:
  100         397.341 Transportation of individuals by law enforcement
  101  officers.—A law enforcement officer transporting an individual
  102  pursuant to this chapter shall restrain that individual in the
  103  least restrictive manner available and appropriate under the
  104  circumstances.
  105         Section 4. This act shall take effect July 1, 2022.
  106  
  107  ================= T I T L E  A M E N D M E N T ================
  108  And the title is amended as follows:
  109         Delete everything before the enacting clause
  110  and insert:
  111                        A bill to be entitled                      
  112         An act relating to mental health and substance abuse;
  113         amending s. 394.4625, F.S.; revising provisions
  114         relating to the voluntary admission of minors to a
  115         facility for examination and treatment; requiring that
  116         a minor’s assent to voluntary care be verified through
  117         a clinical review; amending s. 394.463, F.S.;
  118         requiring law enforcement officers transporting
  119         individuals for involuntary treatment to take certain
  120         actions; creating s. 397.341, F.S.; requiring law
  121         enforcement officers transporting individuals for
  122         certain treatment to take certain actions; providing
  123         an effective date.