Florida Senate - 2022                             CS for SB 1844
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Bean
       
       
       
       
       586-02593-22                                          20221844c1
    1                        A bill to be entitled                      
    2         An act relating to mental health and substance abuse;
    3         amending s. 394.4625, F.S.; requiring the express and
    4         informed consent of a minor’s guardian for voluntary
    5         admission of the minor to a receiving facility;
    6         removing a requirement that a hearing be held to
    7         verify the voluntariness of a minor’s consent before
    8         his or her admission to a facility; amending s.
    9         394.463, F.S.; requiring law enforcement officers
   10         transporting individuals for involuntary treatment to
   11         take certain actions; creating s. 397.341, F.S.;
   12         requiring law enforcement officers transporting
   13         individuals for treatment to take certain actions;
   14         providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraph (a) of subsection (1) of section
   19  394.4625, Florida Statutes, is amended to read:
   20         394.4625 Voluntary admissions.—
   21         (1) AUTHORITY TO RECEIVE PATIENTS.—
   22         (a) A facility may receive for observation, diagnosis, or
   23  treatment any person 18 years of age or older making application
   24  to the facility by express and informed consent for admission or
   25  any person age 17 years of age or younger under for whom such
   26  application is made by his or her guardian. If found to show
   27  evidence of mental illness;, to be competent to provide express
   28  and informed consent or, for a minor, the express and informed
   29  consent of the minor’s guardian;, and to be suitable for
   30  treatment, such person 18 years of age or older may be admitted
   31  to the facility. A person age 17 or under may be admitted only
   32  after a hearing to verify the voluntariness of the consent.
   33         Section 2. Paragraph (a) of subsection (2) of section
   34  394.463, Florida Statutes, is amended to read:
   35         394.463 Involuntary examination.—
   36         (2) INVOLUNTARY EXAMINATION.—
   37         (a) An involuntary examination may be initiated by any one
   38  of the following means:
   39         1. A circuit or county court may enter an ex parte order
   40  stating that a person appears to meet the criteria for
   41  involuntary examination and specifying the findings on which
   42  that conclusion is based. The ex parte order for involuntary
   43  examination must be based on written or oral sworn testimony
   44  that includes specific facts that support the findings. If other
   45  less restrictive means are not available, such as voluntary
   46  appearance for outpatient evaluation, a law enforcement officer,
   47  or other designated agent of the court, shall take the person
   48  into custody and deliver him or her to an appropriate, or the
   49  nearest, facility within the designated receiving system
   50  pursuant to s. 394.462 for involuntary examination. The order of
   51  the court shall be made a part of the patient’s clinical record.
   52  A fee may not be charged for the filing of an order under this
   53  subsection. A facility accepting the patient based on this order
   54  must send a copy of the order to the department within 5 working
   55  days. The order may be submitted electronically through existing
   56  data systems, if available. The order shall be valid only until
   57  the person is delivered to the facility or for the period
   58  specified in the order itself, whichever comes first. If a time
   59  limit is not specified in the order, the order is valid for 7
   60  days after the date that the order was signed.
   61         2. A law enforcement officer may shall take a person who
   62  appears to meet the criteria for involuntary examination into
   63  custody and deliver the person or have him or her delivered to
   64  an appropriate, or the nearest, facility within the designated
   65  receiving system pursuant to s. 394.462 for examination. A law
   66  enforcement officer transporting a person pursuant to this
   67  subparagraph shall consider the person’s mental and behavioral
   68  state and restrain him or her in the least restrictive manner
   69  necessary under the circumstances, especially if the person is a
   70  minor. The officer shall execute a written report detailing the
   71  circumstances under which the person was taken into custody,
   72  which must be made a part of the patient’s clinical record. Any
   73  facility accepting the patient based on this report must send a
   74  copy of the report to the department within 5 working days.
   75         3. A physician, a physician assistant, a clinical
   76  psychologist, a psychiatric nurse, an advanced practice
   77  registered nurse registered under s. 464.0123, a mental health
   78  counselor, a marriage and family therapist, or a clinical social
   79  worker may execute a certificate stating that he or she has
   80  examined a person within the preceding 48 hours and finds that
   81  the person appears to meet the criteria for involuntary
   82  examination and stating the observations upon which that
   83  conclusion is based. If other less restrictive means, such as
   84  voluntary appearance for outpatient evaluation, are not
   85  available, a law enforcement officer shall take into custody the
   86  person named in the certificate and deliver him or her to the
   87  appropriate, or nearest, facility within the designated
   88  receiving system pursuant to s. 394.462 for involuntary
   89  examination. The law enforcement officer shall execute a written
   90  report detailing the circumstances under which the person was
   91  taken into custody. The report and certificate shall be made a
   92  part of the patient’s clinical record. Any facility accepting
   93  the patient based on this certificate must send a copy of the
   94  certificate to the department within 5 working days. The
   95  document may be submitted electronically through existing data
   96  systems, if applicable.
   97  
   98  When sending the order, report, or certificate to the
   99  department, a facility shall, at a minimum, provide information
  100  about which action was taken regarding the patient under
  101  paragraph (g), which information shall also be made a part of
  102  the patient’s clinical record.
  103         Section 3. Section 397.341, Florida Statutes, is created to
  104  read:
  105         397.341 Transportation of individuals by law enforcement
  106  officers.—A law enforcement officer transporting an individual
  107  pursuant to this chapter shall consider the person’s mental and
  108  behavioral state and restrain him or her in the least
  109  restrictive manner necessary under the circumstances, especially
  110  if the individual is a minor.
  111         Section 4. This act shall take effect July 1, 2022.