August 07, 2020
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Amendment CaShTmL-503410.HTM
                                                  SENATE AMENDMENT
    Bill No. CS for CS for CS for CS for SB 700
    Amendment No. ___   Barcode 503410
                            CHAMBER ACTION
              Senate                               House
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       04/28/2004 02:54 PM         .                    
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11  Senator Smith moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 5, line 4, through
15            page 8, line 6, delete those lines
16  
17  and insert:  
18         Section 4.  Effective July 1, 2005, paragraph (a) of
19  subsection (2) of section 394.463, Florida Statutes, is
20  amended to read:
21         394.463  Involuntary examination.--
22         (2)  INVOLUNTARY EXAMINATION.--
23         (a)  An involuntary examination may be initiated by any
24  one of the following means:
25         1.  A court may enter an ex parte order stating that a
26  person appears to meet the criteria for involuntary
27  examination, giving the findings on which that conclusion is
28  based.  The ex parte order for involuntary examination must be
29  based on sworn testimony, written or oral.  If other less
30  restrictive means are not available, such as voluntary
31  appearance for outpatient evaluation, a law enforcement
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    10:50 AM   04/27/04                             s0700c4c-14j02

SENATE AMENDMENT Bill No. CS for CS for CS for CS for SB 700 Amendment No. ___ Barcode 503410 1 officer, or other designated agent of the court, shall take 2 the person into custody and deliver him or her to the nearest 3 receiving facility for involuntary examination. The order of 4 the court shall be made a part of the patient's clinical 5 record. No fee shall be charged for the filing of an order 6 under this subsection. Any receiving facility accepting the 7 patient based on this order must send a copy of the order to 8 the Agency for Health Care Administration on the next working 9 day. The order shall be valid only until executed or, if not 10 executed, for the period specified in the order itself. If no 11 time limit is specified in the order, the order shall be valid 12 for 7 days after the date that the order was signed. 13 2. A law enforcement officer shall take a person who 14 appears to meet the criteria for involuntary examination into 15 custody and deliver the person or have him or her delivered to 16 the nearest receiving facility for examination. The officer 17 shall execute a written report detailing the circumstances 18 under which the person was taken into custody, and the report 19 shall be made a part of the patient's clinical record. Any 20 receiving facility accepting the patient based on this report 21 must send a copy of the report to the Agency for Health Care 22 Administration on the next working day. 23 3. A physician, clinical psychologist, psychiatric 24 nurse, mental health counselor, or clinical social worker may 25 execute a certificate stating that he or she has examined a 26 person within the preceding 48 hours and finds that the person 27 appears to meet the criteria for involuntary examination and 28 stating the observations upon which that conclusion is based. 29 If other less restrictive means are not available, such as 30 voluntary appearance for outpatient evaluation, a law 31 enforcement officer shall take the person named in the 2 10:50 AM 04/27/04 s0700c4c-14j02
SENATE AMENDMENT Bill No. CS for CS for CS for CS for SB 700 Amendment No. ___ Barcode 503410 1 certificate into custody and deliver him or her to the nearest 2 receiving facility for involuntary examination. The law 3 enforcement officer shall execute a written report detailing 4 the circumstances under which the person was taken into 5 custody. The report and certificate shall be made a part of 6 the patient's clinical record. Any receiving facility 7 accepting the patient based on this certificate must send a 8 copy of the certificate to the Agency for Health Care 9 Administration on the next working day. 10 Section 5. Effective January 1, 2005, subsection (1) 11 and paragraphs (e), (g), and (i) of subsection (2) of section 12 394.463, Florida Statutes, are amended to read: 13 394.463 Involuntary examination.-- 14 (1) CRITERIA.--A person may be taken to a receiving 15 facility for involuntary examination if there is reason to 16 believe that the person has a mental illness he or she is 17 mentally ill and because of his or her mental illness: 18 (a)1. The person has refused voluntary examination 19 after conscientious explanation and disclosure of the purpose 20 of the examination; or 21 2. The person is unable to determine for himself or 22 herself whether examination is necessary; and 23 (b)1. Without care or treatment, the person is likely 24 to suffer from neglect or refuse to care for himself or 25 herself; such neglect or refusal poses a real and present 26 threat of substantial harm to his or her well-being; and it is 27 not apparent that such harm may be avoided through the help of 28 willing family members or friends or the provision of other 29 services; or 30 2. There is a substantial likelihood that without care 31 or treatment the person will cause serious bodily harm to 3 10:50 AM 04/27/04 s0700c4c-14j02
SENATE AMENDMENT Bill No. CS for CS for CS for CS for SB 700 Amendment No. ___ Barcode 503410 1 himself or herself or others in the near future, as evidenced 2 by recent behavior. 3 (2) INVOLUNTARY EXAMINATION.-- 4 (e) The Agency for Health Care Administration shall 5 receive and maintain the copies of ex parte orders, 6 involuntary outpatient placement orders issued pursuant to s. 7 394.4655, involuntary inpatient placement orders issued 8 pursuant to s. 394.467, professional certificates, and law 9 enforcement officers' reports. These documents shall be 10 considered part of the clinical record, governed by the 11 provisions of s. 394.4615. The agency shall prepare annual 12 reports analyzing the data obtained from these documents, 13 without information identifying patients, and shall provide 14 copies of reports to the department, the President of the 15 Senate, the Speaker of the House of Representatives, and the 16 minority leaders of the Senate and the House of 17 Representatives. 18 (g) A person for whom an involuntary examination has 19 been initiated who is being evaluated or treated at a hospital 20 for an emergency medical condition specified in s. 395.002 21 must be examined by a receiving facility within 72 hours. The 22 72-hour period begins when the patient arrives at the hospital 23 and ceases when the attending physician documents that the 24 patient has an emergency medical condition. If the patient is 25 examined at a hospital providing emergency medical services by 26 a professional qualified to perform an involuntary examination 27 and is found as a result of that examination not to meet the 28 criteria for involuntary outpatient placement pursuant to s. 29 394.4655(1) or involuntary inpatient placement pursuant to s. 30 394.467(1), the patient may be offered voluntary placement, if 31 appropriate, or released directly from the hospital providing 4 10:50 AM 04/27/04 s0700c4c-14j02
SENATE AMENDMENT Bill No. CS for CS for CS for CS for SB 700 Amendment No. ___ Barcode 503410 1 emergency medical services. The finding by the professional 2 that the patient has been examined and does not meet the 3 criteria for involuntary inpatient placement or involuntary 4 outpatient placement must be entered into the patient's 5 clinical record. Nothing in this paragraph is intended to 6 prevent a hospital providing emergency medical services from 7 appropriately transferring a patient to another hospital prior 8 to stabilization, provided the requirements of s. 9 395.1041(3)(c) have been met. 10 (i) Within the 72-hour examination period or, if the 11 72 hours ends on a weekend or holiday, no later than the next 12 working day thereafter, one of the following actions must be 13 taken, based on the individual needs of the patient: 14 1. The patient shall be released, unless he or she is 15 charged with a crime, in which case the patient shall be 16 returned to the custody of a law enforcement officer; 17 2. The patient shall be released, subject to the 18 provisions of subparagraph 1., for voluntary outpatient 19 treatment; 20 3. The patient, unless he or she is charged with a 21 crime, shall be asked to give express and informed consent to 22 placement as a voluntary patient, and, if such consent is 23 given, the patient shall be admitted as a voluntary patient; 24 or 25 4. A petition for involuntary placement shall be filed 26 in the circuit appropriate court by the facility administrator 27 when outpatient or inpatient treatment is deemed necessary. 28 When inpatient treatment is deemed necessary; in which case, 29 the least restrictive treatment consistent with the optimum 30 improvement of the patient's condition shall be made 31 available. When a petition is to be filed for involuntary 5 10:50 AM 04/27/04 s0700c4c-14j02
SENATE AMENDMENT Bill No. CS for CS for CS for CS for SB 700 Amendment No. ___ Barcode 503410 1 outpatient placement, it shall be filed by one of the 2 petitioners specified in s. 394.4655(3)(a). A petition for 3 involuntary inpatient placement shall be filed by the facility 4 administrator. 5 6 (Redesignate subsequent sections.) 7 8 9 ================ T I T L E A M E N D M E N T =============== 10 And the title is amended as follows: 11 On page 1, line 13, after the semicolon, 12 13 insert: 14 adding mental health counselors to the persons 15 who can initiate an involuntary examination; 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 10:50 AM 04/27/04 s0700c4c-14j02
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