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Amendment CaShTmL-382396.HTM
                                                  SENATE AMENDMENT
    Bill No. CS for CS for CS for CS for SB 700
    Amendment No. ___   Barcode 382396
                            CHAMBER ACTION
              Senate                               House
 1                  2/AD/2R        .                    
       04/28/2004 02:53 PM         .                    
 2                                 .                    
 3                                 .                    
 4  ______________________________________________________________
10  ______________________________________________________________
11  Senators Peaden and Smith moved the following amendment:
13         Senate Amendment 
14         On page 5, line 4, through
15            page 8, line 6, delete those lines
17  and insert:  
18         Section 4.  Subsection (1) and paragraphs (e), (g), and
19  (i) of subsection (2) of section 394.463, Florida Statutes,
20  are amended to read:
21         394.463  Involuntary examination.--
22         (1)  CRITERIA.--A person may be taken to a receiving
23  facility for involuntary examination if there is reason to
24  believe that the person has a mental illness he or she is
25  mentally ill and because of his or her mental illness:
26         (a)1.  The person has refused voluntary examination
27  after conscientious explanation and disclosure of the purpose
28  of the examination; or
29         2.  The person is unable to determine for himself or
30  herself whether examination is necessary; and
31         (b)1.  Without care or treatment, the person is likely
    4:08 PM   04/26/04                              s0700c4b-02j22

SENATE AMENDMENT Bill No. CS for CS for CS for CS for SB 700 Amendment No. ___ Barcode 382396 1 to suffer from neglect or refuse to care for himself or 2 herself; such neglect or refusal poses a real and present 3 threat of substantial harm to his or her well-being; and it is 4 not apparent that such harm may be avoided through the help of 5 willing family members or friends or the provision of other 6 services; or 7 2. There is a substantial likelihood that without care 8 or treatment the person will cause serious bodily harm to 9 himself or herself or others in the near future, as evidenced 10 by recent behavior. 11 (2) INVOLUNTARY EXAMINATION.-- 12 (e) The Agency for Health Care Administration shall 13 receive and maintain the copies of ex parte orders, 14 involuntary outpatient placement orders issued pursuant to s. 15 394.4655, involuntary inpatient placement orders issued 16 pursuant to s. 394.467, professional certificates, and law 17 enforcement officers' reports. These documents shall be 18 considered part of the clinical record, governed by the 19 provisions of s. 394.4615. The agency shall prepare annual 20 reports analyzing the data obtained from these documents, 21 without information identifying patients, and shall provide 22 copies of reports to the department, the President of the 23 Senate, the Speaker of the House of Representatives, and the 24 minority leaders of the Senate and the House of 25 Representatives. 26 (g) A person for whom an involuntary examination has 27 been initiated who is being evaluated or treated at a hospital 28 for an emergency medical condition specified in s. 395.002 29 must be examined by a receiving facility within 72 hours. The 30 72-hour period begins when the patient arrives at the hospital 31 and ceases when the attending physician documents that the 2 4:08 PM 04/26/04 s0700c4b-02j22
SENATE AMENDMENT Bill No. CS for CS for CS for CS for SB 700 Amendment No. ___ Barcode 382396 1 patient has an emergency medical condition. If the patient is 2 examined at a hospital providing emergency medical services by 3 a professional qualified to perform an involuntary examination 4 and is found as a result of that examination not to meet the 5 criteria for involuntary outpatient placement pursuant to s. 6 394.4655(1) or involuntary inpatient placement pursuant to s. 7 394.467(1), the patient may be offered voluntary placement, if 8 appropriate, or released directly from the hospital providing 9 emergency medical services. The finding by the professional 10 that the patient has been examined and does not meet the 11 criteria for involuntary inpatient placement or involuntary 12 outpatient placement must be entered into the patient's 13 clinical record. Nothing in this paragraph is intended to 14 prevent a hospital providing emergency medical services from 15 appropriately transferring a patient to another hospital prior 16 to stabilization, provided the requirements of s. 17 395.1041(3)(c) have been met. 18 (i) Within the 72-hour examination period or, if the 19 72 hours ends on a weekend or holiday, no later than the next 20 working day thereafter, one of the following actions must be 21 taken, based on the individual needs of the patient: 22 1. The patient shall be released, unless he or she is 23 charged with a crime, in which case the patient shall be 24 returned to the custody of a law enforcement officer; 25 2. The patient shall be released, subject to the 26 provisions of subparagraph 1., for voluntary outpatient 27 treatment; 28 3. The patient, unless he or she is charged with a 29 crime, shall be asked to give express and informed consent to 30 placement as a voluntary patient, and, if such consent is 31 given, the patient shall be admitted as a voluntary patient; 3 4:08 PM 04/26/04 s0700c4b-02j22
SENATE AMENDMENT Bill No. CS for CS for CS for CS for SB 700 Amendment No. ___ Barcode 382396 1 or 2 4. A petition for involuntary placement shall be filed 3 in the circuit appropriate court by the facility administrator 4 when outpatient or inpatient treatment is deemed necessary. 5 When inpatient treatment is deemed necessary; in which case, 6 the least restrictive treatment consistent with the optimum 7 improvement of the patient's condition shall be made 8 available. When a petition is to be filed for involuntary 9 outpatient placement, it shall be filed by one of the 10 petitioners specified in s. 394.4655(3)(a). A petition for 11 involuntary inpatient placement shall be filed by the facility 12 administrator. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 4:08 PM 04/26/04 s0700c4b-02j22
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