Bill Text: FL S1736 | 2013 | Regular Session | Introduced
Bill Title: Mental Health
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-05-03 - Died in Health Policy [S1736 Detail]
Download: Florida-2013-S1736-Introduced.html
Florida Senate - 2013 SB 1736 By Senator Altman 16-01444-13 20131736__ 1 A bill to be entitled 2 An act relating to mental health; amending s. 394.463, 3 F.S.; revising criteria for involuntary examination; 4 specifying who may submit a petition for an ex parte 5 order for involuntary examination; deleting a 6 requirement that a less restrictive means be 7 unavailable before a law enforcement officer may take 8 a person into custody for an involuntary examination; 9 providing a requirement for a report; revising 10 discharge requirements if a person no longer meets the 11 criteria for involuntary admission; amending s. 12 394.469, F.S.; specifying when an involuntary patient 13 is eligible for discharge; revising discharge 14 requirements for involuntary patients; amending s. 15 394.4625, F.S.; providing additional discharge 16 requirements for voluntary patients; providing an 17 effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Paragraph (b) of subsection (1) and paragraphs 22 (a), (e), (g), and (h) of subsection (2) of section 394.463, 23 Florida Statutes, are amended to read: 24 394.463 Involuntary examination.— 25 (1) CRITERIA.—A person may be taken to a receiving facility 26 for involuntary examination if there is reason to believe that 27 the person has a mental illness and because of his or her mental 28 illness: 29 (b)1. Without care or treatment, the person is likely to 30 suffer from neglect or refuse to care for himself or herself 31 and;such neglect or refusal poses a real and present threat of 32 substantial harm to his or her well-being;and it is not33apparent that such harm may be avoided through the help of34willing family members or friends or the provision of other35services;or 36 2. There is a substantial likelihood that without care or 37 treatment the person will cause serious bodily harm to himself 38 or herself or others in the near future, as evidenced by recent 39 behavior or a pattern of past behaviors causing, attempting, or 40 threatening such harm. 41 (2) INVOLUNTARY EXAMINATION.— 42 (a) An involuntary examination may be initiated by any one 43 of the following means: 44 1. A court may enter an ex parte order stating that a 45 person appears to meet the criteria for involuntary examination, 46 giving the findings on which that conclusion is based. The ex 47 parte order for involuntary examination must be based on sworn 48 testimony, written or oral. A representative of the department, 49 a certified mental health case manager, a legal guardian, or an 50 attorney may submit a petition for an ex parte order 51 electronically to the court.If other less restrictive means are52not available, such as voluntary appearance for outpatient53evaluation,A law enforcement officer,or other designated agent 54 of the court,shall take the person into custody and deliver him 55 or her to the nearest receiving facility for involuntary 56 examination. The order of the court shall be made a part of the 57 patient’s clinical record. No fee shall be charged for the 58 filing of an order under this subsection. Any receiving facility 59 accepting the patient based on this order must send a copy of 60 the order to the Agency for Health Care Administration on the 61 next working day. The order shall be valid only until executed 62 or, if not executed, for the period specified in the order 63 itself. If no time limit is specified in the order, the order 64 shall be valid for 7 days after the date that the order was 65 signed. 66 2. A law enforcement officer shall take a person who 67 appears to meet the criteria for involuntary examination into 68 custody and deliver the person or have him or her delivered to 69 the nearest receiving facility for examination. The officer 70 shall execute a written report detailing the circumstances under 71 which the person was taken into custody, and the report shall be 72 made a part of the patient’s clinical record. Any receiving 73 facility accepting the patient based on this report must send a 74 copy of the report to the Agency for Health Care Administration 75 on the next working day. 76 3. A physician, clinical psychologist, psychiatric nurse, 77 mental health counselor, marriage and family therapist, or 78 clinical social worker may execute a certificate stating that he 79 or she has examined a person within the preceding 48 hours and 80 finds that the person appears to meet the criteria for 81 involuntary examination and stating the observations upon which 82 that conclusion is based.If other less restrictive means are83not available, such as voluntary appearance for outpatient84evaluation,A law enforcement officer shall take the person 85 named in the certificate into custody and deliver him or her to 86 the nearest receiving facility for involuntary examination. The 87 law enforcement officer shall execute a written report detailing 88 the circumstances under which the person was taken into custody. 89 The report and certificate shall be made a part of the patient’s 90 clinical record. Any receiving facility accepting the patient 91 based on this certificate must send a copy of the certificate to 92 the Agency for Health Care Administration on the next working 93 day. 94 (e) The Agency for Health Care Administration shall receive 95 and maintain the copies of ex parte orders, involuntary 96 outpatient placement orders issued pursuant to s. 394.4655, 97 involuntary inpatient placement orders issued pursuant to s. 98 394.467, professional certificates, and law enforcement 99 officers’ reports. These documents shall be considered part of 100 the clinical record, governed bythe provisions ofs. 394.4615. 101 The agency shall prepare annual reports analyzing the data 102 obtained from these documents, without information identifying 103 patients, and shall provide copies of reports to the department, 104 the President of the Senate, the Speaker of the House of 105 Representatives, and the minority leaders of the Senate and the 106 House of Representatives. Each such report shall include the 107 type of living arrangement the person was residing in at the 108 time of intervention. 109 (g) A person for whom an involuntary examination has been 110 initiated who is being evaluated or treated at a hospital for an 111 emergency medical condition specified in s. 395.002 must be 112 examined by a receiving facility within 72 hours. The 72-hour 113 period begins when the patient arrives at the hospital and 114 ceases when the attending physician documents that the patient 115 has an emergency medical condition. If a physician working in a 116 hospital that provides emergency medical services believes that 117 the patient no longer meets the criteria for involuntary 118 admission to the hospital, the physician may discharge the 119 patient to an appropriate setting that is able to meet the 120 patient’s clinical needs and reduce the potential for 121 incarceration, homelessness, or readmission. The physician shall 122 determine the appropriate location for discharge if, in the 123 judgment of the physician, the patient no longer meets criteria 124 for involuntary admission to the hospitalIf the patient is125examined at a hospital providing emergency medical services by a126professional qualified to perform an involuntary examination and127is found as a result of that examination not to meet the128criteria for involuntary outpatient placement pursuant to s.129394.4655(1) or involuntary inpatient placement pursuant to s.130394.467(1), the patient may be offered voluntary placement, if131appropriate, or released directly from the hospital providing132emergency medical services. The finding by the professional that133the patient has been examined and does not meet the criteria for134involuntary inpatient placement or involuntary outpatient135placement must be entered into the patient’s clinical record. 136Nothing inThis paragraph does notis intended toprevent a 137 hospital that providesprovidingemergency medical services from 138 appropriately transferring a patient to another hospital before 139prior tostabilization, provided the requirements of s. 140 395.1041(3)(c) have been met. 141 (h) One of the following must occur within 12 hours after 142 the patient’s attending physician documents that the patient’s 143 medical condition has stabilized or that an emergency medical 144 condition does not exist: 145 1. The patient must be examined by a designated receiving 146 facility and released to an appropriate setting or location that 147 is able to meet the needs of the patient; or 148 2. The patient must be transferred to a designated 149 receiving facility in which appropriate medical treatment is 150 available. However, the receiving facility must be notified of 151 the transfer within 2 hours after the patient’s condition has 152 been stabilized or after determination that an emergency medical 153 condition does not exist. 154 Section 2. Section 394.469, Florida Statutes, is amended to 155 read: 156 394.469 Discharge of involuntary patients.— 157 (1) POWER TO DISCHARGE.—If at any time after the 72-hour 158 observation period has been completed a patient is found to no 159 longer meet the criteria for involuntary placement, the 160 administrator shall: 161 (a) Discharge the patient to a setting that is able to meet 162 the patient’s clinical needs and would likely reduce the 163 potential for readmission, incarceration, or homelessness, 164 unless the patient is under a criminal charge, in which case the 165 patient shall be transferred to the custody of the appropriate 166 law enforcement officer; 167 (b) Transfer the patient to voluntary status on his or her 168 own authority or at the patient’s request, unless the patient is 169 under criminal charge or adjudicated incapacitated; or 170 (c) Place an improved patient, except a patient under a 171 criminal charge, on convalescent status in the care of a 172 community facility. 173 (2) NOTICE.—Notice of discharge or transfer of a patient 174 shall be given as provided in s. 394.4599. 175 Section 3. Paragraph (c) is added to subsection (2) of 176 section 394.4625, Florida Statutes, to read: 177 394.4625 Voluntary admissions.— 178 (2) DISCHARGE OF VOLUNTARY PATIENTS.— 179 (c) A patient who is being discharged must be discharged to 180 a location or setting that is able to meet the patient’s 181 clinical needs in order to meet the goal of preventing 182 readmission, incarceration, or homelessness. Placement in a 183 homeless shelter or release without appropriate shelter does not 184 meet the requirements of this paragraph. 185 Section 4. This act shall take effect July 1, 2013.