Bill Amendment: FL S0954 | 2015 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Involuntary Examinations of Minors
Status: 2015-05-22 - Chapter No. 2015-67 [S0954 Detail]
Download: Florida-2015-S0954-Senate_Floor_Amendment_633106.html
Bill Title: Involuntary Examinations of Minors
Status: 2015-05-22 - Chapter No. 2015-67 [S0954 Detail]
Download: Florida-2015-S0954-Senate_Floor_Amendment_633106.html
Florida Senate - 2015 SENATOR AMENDMENT Bill No. CS for SB 954 Ì633106yÎ633106 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Garcia moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 66 - 154 4 and insert: 5 must include, at a minimum, provisions for all of the following: 6 1. Health appraisal; 7 2. Records review; 8 3. Nurse assessment; 9 4. Nutrition assessment; 10 5. A preventive dental program; 11 6. Vision screening; 12 7. Hearing screening; 13 8. Scoliosis screening; 14 9. Growth and development screening; 15 10. Health counseling; 16 11. Referral and followup of suspected or confirmed health 17 problems by the local county health department; 18 12. Meeting emergency health needs in each school; 19 13. County health department personnel to assist school 20 personnel in health education curriculum development; 21 14. Referral of students to appropriate health treatment, 22 in cooperation with the private health community whenever 23 possible; 24 15. Consultation with a student’s parent or guardian 25 regarding the need for health attention by the family physician, 26 dentist, or other specialist when definitive diagnosis or 27 treatment is indicated; 28 16. Maintenance of records on incidents of health problems, 29 corrective measures taken, and such other information as may be 30 needed to plan and evaluate health programs; except, however, 31 that provisions in the plan for maintenance of health records of 32 individual students must be in accordance with s. 1002.22; 33 17. Health information which will be provided by the school 34 health nurses, when necessary, regarding the placement of 35 students in exceptional student programs and the reevaluation at 36 periodic intervals of students placed in such programs;and37 18. Notification to the local nonpublic schools of the 38 school health services program and the opportunity for 39 representatives of the local nonpublic schools to participate in 40 the development of the cooperative health services plan; and.41 19. Immediate notification to a student’s parent, guardian, 42 or caregiver if the student is removed from school, school 43 transportation, or a school-sponsored activity and taken to a 44 receiving facility for an involuntary examination pursuant to s. 45 394.463, including the requirements established under ss. 46 1002.20(3) and 1002.33(9), as applicable. 47 Section 2. Section 394.4599, Florida Statutes, is amended 48 to read: 49 394.4599 Notice.— 50 (1) VOLUNTARY ADMISSIONPATIENTS.—Notice of an individual’s 51avoluntarypatient’sadmission shallonlybe given only at the 52 request of the individualpatient, except that, in an emergency, 53 notice shall be given as determined by the facility. 54 (2) INVOLUNTARY ADMISSIONPATIENTS.— 55 (a) Whenever notice is required to be given under this 56 part, such notice shall be given to the individualpatientand 57 the individual’spatient’sguardian, guardian advocate, health 58 care surrogate or proxy, attorney, and representative. 59 1. When notice is required to be given to an individuala60patient, it shall be given both orally and in writing, in the 61 language and terminology that the individualpatientcan 62 understand, and, if needed, the facility shall provide an 63 interpreter for the individualpatient. 64 2. Notice to an individual’sa patient’sguardian, guardian 65 advocate, health care surrogate or proxy, attorney, and 66 representative shall be given byUnited States mail and by67registeredor certifiedmail with the date, time, and method of 68 notice delivery documented inreceipts attached tothepatient’s69 clinical record. Hand delivery by a facility employee may be 70 used as an alternative, with the date and time of delivery 71 documented in the clinical record. If notice is given by a state 72 attorney or an attorney for the department, a certificate of 73 service isshall besufficient to document service. 74 (b) A receiving facility shall give prompt notice of the 75 whereabouts of an individuala patientwho is being 76 involuntarily held for examination to the individual’s guardian, 77 guardian advocate, health care surrogate or proxy, attorney or 78 representative, by telephone or in person within 24 hours after 79 the individual’spatient’sarrival at the facility,unless the80patient requests that no notification be made. Contact attempts 81 shall be documented in the individual’spatient’sclinical 82 record and shall begin as soon as reasonably possible after the 83 individual’spatient’sarrival.Notice that a patient is being84admitted as an involuntary patient shall be given to the Florida85local advocacy council no later than the next working day after86the patient is admitted.87 (c)1. A receiving facility shall give notice of the 88 whereabouts of a minor who is being involuntarily held for 89 examination pursuant to s. 394.463 to the minor’s parent, 90 guardian, caregiver, or guardian advocate, in person or by 91 telephone or other form of electronic communication, immediately 92 after the minor’s arrival at the facility. The facility may 93 delay notification for no more than 24 hours after the minor’s 94 arrival if the facility has submitted a report to the central 95 abuse hotline, pursuant to s. 39.201, based upon knowledge or 96 suspicion of abuse, abandonment, or neglect and if the facility 97 deems a delay in notification to be in the minor’s best 98 interest. 99 2. The receiving facility shall attempt to notify the 100 minor’s parent, guardian, caregiver, or guardian advocate until 101 the receiving facility receives confirmation from the parent, 102 guardian, caregiver, or guardian advocate, verbally, by 103 telephone or other form of electronic communication, or by 104 recorded message, that notification has been received. Attempts 105 to notify the parent, guardian, caregiver, or guardian advocate 106 must be repeated at least once every hour during the first 12 107 hours after the minor’s arrival and once every 24 hours 108 thereafter and must continue until such confirmation is 109 received, unless the minor is released at the end of the 72-hour 110 examination period, or until a petition for involuntary 111 placement is filed with the court pursuant to s. 394.463(2)(i). 112 The receiving facility may seek assistance from a law 113 enforcement agency to notify the minor’s parent, guardian, 114 caregiver, or guardian advocate if the facility has not received 115 within the first 24 hours after the minor’s arrival a 116 confirmation by the parent, guardian, caregiver, or guardian 117 advocate that notification has been received. The receiving 118 facility must document notification attempts in the minor’s 119 clinical record. 120 (d)(c)The written notice of the filing of the petition for 121 involuntary placement of an individual being held must contain 122 the following: 123 1. Notice that the petition has been filed with the circuit 124 court in the county in which the individualpatientis 125 hospitalized and the address of such court. 126 2. Notice that the office of the public defender has been 127 appointed to represent the individualpatientin the proceeding, 128 if the individualpatientis not otherwise represented by 129 counsel. 130 3. The date, time, and place of the hearing and the name of 131 each examining expert and every other person expected to testify 132 in support of continued detention. 133 4. Notice that the individualpatient, the individual’s 134patient’sguardian, guardian advocate, health care surrogate or 135 proxy, or representative, or the administrator may apply for a 136 change of venue for the convenience of the parties or witnesses 137 or because of the condition of the individualpatient. 138 5. Notice that the individualpatientis entitled to an 139 independent expert examination and, if the individualpatient140 cannot afford such an examination, that the court will provide 141 for one. 142 (e)(d)A treatment facility shall provide notice of an 143 individual’sa patient’sinvoluntary admission on the next 144 regular working day after the individual’spatient’sarrival at 145 the facility. 146 (f)(e)When an individualapatientis to be transferred 147 from one facility to another, notice shall be given by the 148 facility where the individualpatientis located beforeprior to149 the transfer. 150 151 ================= T I T L E A M E N D M E N T ================ 152 And the title is amended as follows: 153 Delete lines 9 - 13 154 and insert: 155 F.S.; including health care surrogates and proxies as 156 individuals who may act on behalf of an individual 157 involuntarily admitted to a facility; requiring a 158 receiving facility to immediately notify the parent, 159 guardian, caregiver, or guardian advocate of the 160 whereabouts of a minor who is being held for 161 involuntary examination; providing circumstances when 162 notification may be delayed; requiring the receiving 163 facility to make continuous notification attempts; 164 authorizing the receiving facility to seek assistance 165 from law enforcement under certain circumstances; 166 requiring the receiving facility to document 167 notification attempts in the minor’s clinical record; 168 amending ss.