Bill Text: FL S0202 | 2018 | Regular Session | Introduced
Bill Title: Mental Health and Substance Abuse
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-03-10 - Died in Health Policy [S0202 Detail]
Download: Florida-2018-S0202-Introduced.html
Florida Senate - 2018 SB 202
By Senator Steube
23-00040-18 2018202__
1 A bill to be entitled
2 An act relating to mental health and substance abuse;
3 amending s. 397.675, F.S.; revising the criteria for
4 involuntary admission for behavioral health services
5 due to substance abuse; amending s. 397.6772, F.S.;
6 revising duties of a law enforcement officer with
7 respect to transporting a person for involuntary
8 admission to a hospital or licensed detoxification or
9 addictions receiving facility or detaining such person
10 in a detention facility for a specified time under
11 certain conditions; amending ss. 397.6793, 397.6798,
12 397.6814, and 397.6951, F.S.; revising provisions
13 relating to emergency admission, alternative
14 involuntary assessment of minors, and contents of
15 petitions for involuntary assessment and stabilization
16 and involuntary services to include additional
17 criteria for involuntary admission; amending s.
18 397.6957, F.S.; providing additional requirements for
19 a hearing on a petition for involuntary services;
20 amending s. 397.697, F.S.; requiring a respondent to
21 be released from involuntary substance abuse treatment
22 if the court makes certain determinations regarding
23 the respondent; providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Section 397.675, Florida Statutes, is amended to
28 read:
29 397.675 Criteria for involuntary admissions, including
30 protective custody, emergency admission, and other involuntary
31 assessment, involuntary treatment, and alternative involuntary
32 assessment for minors, for purposes of assessment and
33 stabilization, and for involuntary treatment.—A person meets the
34 criteria for involuntary admission if:
35 (1) Within 24 hours before the initiation of the
36 assessment, within 24 hours before coming into contact with a
37 law enforcement officer, or while in contact with a law
38 enforcement officer, the person has been resuscitated through
39 the administration of a pharmacologic agent designed to reverse
40 the pathophysiologic effects of a mood-altering or addictive
41 substance when such substance was used in a nonmedical setting
42 or in a manner that demonstrates a reckless disregard for the
43 instructions for self-administration; or
44 (2) There is good faith reason to believe that the person
45 is substance abuse impaired or has a co-occurring mental health
46 disorder and, because of such impairment or disorder,:
47 (1) has lost the power of self-control with respect to
48 substance abuse; and:
49 (2)(a) The person needs is in need of substance abuse
50 services and, by reason of substance abuse impairment, his or
51 her judgment has been so impaired that he or she is incapable of
52 appreciating his or her need for such services and of making a
53 rational decision in that regard, although mere refusal to
54 receive such services does not constitute evidence of lack of
55 judgment with respect to his or her need for such services; or
56 (b) Without care or treatment, the person is likely to
57 suffer from neglect or refuse to care for himself or herself;
58 that such neglect or refusal poses a real and present threat of
59 substantial harm to his or her well-being; and that it is not
60 apparent that such harm may be avoided through the help of
61 willing family members or friends or the provision of other
62 services, or there is substantial likelihood that the person has
63 inflicted, or threatened to or attempted to inflict, or, unless
64 admitted, is likely to inflict, physical harm on himself,
65 herself, or another.
66 Section 2. Present subsection (2) of section 397.6772,
67 Florida Statutes, is redesignated as subsection (3), and a new
68 subsection (2) is added to that section, to read:
69 397.6772 Protective custody without consent.—
70 (2) A law enforcement officer shall take a person meeting
71 the criteria for involuntary admission under s. 397.675(1) into
72 custody and deliver him or her to a hospital or to a licensed
73 detoxification or addictions receiving facility. The law
74 enforcement officer may detain the person for his or her own
75 protection in an appropriate detention facility, including, but
76 not limited to, a municipal or county jail, until the person can
77 be transported to a hospital or to a licensed detoxification or
78 addictions receiving facility. A person may not be held against
79 his or her will by a law enforcement officer for more than 72
80 hours without being transported to a hospital or to a licensed
81 detoxification or addictions receiving facility. The 72-hour
82 limit may be exceeded, however, if a petition for involuntary
83 assessment or treatment has been timely filed pursuant to s.
84 397.6773(2).
85 Section 3. Subsection (1) of section 397.6793, Florida
86 Statutes, is amended to read:
87 397.6793 Professional’s certificate for emergency
88 admission.—
89 (1) A physician, a clinical psychologist, a physician
90 assistant working under the scope of practice of the supervising
91 physician, a psychiatric nurse, an advanced registered nurse
92 practitioner, a mental health counselor, a marriage and family
93 therapist, a master’s-level-certified addictions professional
94 for substance abuse services, or a clinical social worker may
95 execute a professional’s certificate for emergency admission.
96 The professional’s certificate must include the name of the
97 person to be admitted, the relationship between the person and
98 the professional executing the certificate, the relationship
99 between the applicant and the professional, any relationship
100 between the professional and the licensed service provider, a
101 statement that the person has been examined and assessed within
102 the preceding 5 days after the application date, and factual
103 allegations with respect to the need for emergency admission,
104 including:
105 (a)1. A finding by the professional that the person meets
106 the criteria for involuntary admission under s. 397.675(1); or
107 2.(a) The reason for the professional’s belief that the
108 person is substance abuse impaired.;
109 (b) The reason for the professional’s belief that because
110 of such impairment the person has lost the power of self-control
111 with respect to substance abuse; and:
112 (c)1. The reason for the belief that, Without care or
113 treatment, the person is likely to suffer from neglect or refuse
114 to care for himself or herself; that such neglect or refusal
115 poses a real and present threat of substantial harm to his or
116 her well-being; and that it is not apparent that such harm may
117 be avoided through the help of willing family members or friends
118 or the provision of other services, or there is substantial
119 likelihood that the person has inflicted or, unless admitted, is
120 likely to inflict, physical harm on himself, herself, or
121 another; or
122 2. The reason for the belief that The person’s refusal to
123 voluntarily receive care is based on judgment so impaired by
124 reason of substance abuse that the person is incapable of
125 appreciating his or her need for care and of making a rational
126 decision regarding that his or her need for care.
127 Section 4. Subsection (2) of section 397.6798, Florida
128 Statutes, is amended to read:
129 397.6798 Alternative involuntary assessment procedure for
130 minors.—
131 (2) An application for alternative involuntary assessment
132 for a minor must establish the need for immediate involuntary
133 admission and contain the name of the minor to be admitted, the
134 name and signature of the applicant, the relationship between
135 the minor to be admitted and the applicant, and:
136 (a)1. An attestation by the applicant that the person meets
137 the criteria for involuntary admission under s. 397.675(1); or
138 2. Factual allegations with respect to:
139 (a) the reason for the applicant’s belief that the minor is
140 substance abuse impaired.; and
141 (b) The reason for the applicant’s belief that because of
142 such impairment the minor has lost the power of self-control
143 with respect to substance abuse; and: either
144 (c)1. The reason the applicant believes that the minor Has
145 inflicted or is likely to inflict physical harm on himself or
146 herself or others unless admitted; or
147 2. The reason the applicant believes that The minor’s
148 refusal to voluntarily receive substance abuse services is based
149 on judgment so impaired by reason of substance abuse that the
150 minor he or she is incapable of appreciating his or her need for
151 such services and of making a rational decision regarding that
152 his or her need for services.
153 Section 5. Section 397.6814, Florida Statutes, is amended
154 to read:
155 397.6814 Involuntary assessment and stabilization; contents
156 of petition.—A petition for involuntary assessment and
157 stabilization must contain the name of the respondent, the name
158 of the applicant or applicants, the relationship between the
159 respondent and the applicant, and the name of the respondent’s
160 attorney, if known, and must state facts to support the need for
161 involuntary assessment and stabilization, including:
162 (1)(a) An attestation by the applicant that the person
163 meets the criteria for involuntary admission under s.
164 397.675(1); or
165 (b)(1) The reason for the petitioner’s belief that the
166 respondent is substance abuse impaired.;
167 (2) The reason for the petitioner’s belief that because of
168 such impairment the respondent has lost the power of self
169 control with respect to substance abuse; and:
170 (3)(a) The reason the petitioner believes that the
171 respondent Has inflicted or is likely to inflict physical harm
172 on himself or herself or others unless admitted; or
173 (b) The reason the petitioner believes that The
174 respondent’s refusal to voluntarily receive care is based on
175 judgment so impaired by reason of substance abuse that the
176 respondent is incapable of appreciating his or her need for care
177 and of making a rational decision regarding that need for care.
178 If the respondent has refused to submit to an assessment, such
179 refusal must be alleged in the petition.
180
181 A fee may not be charged for the filing of a petition pursuant
182 to this section.
183 Section 6. Section 397.6951, Florida Statutes, is amended
184 to read:
185 397.6951 Contents of petition for involuntary services.—A
186 petition for involuntary services must contain the name of the
187 respondent; the name of the petitioner or petitioners; the
188 relationship between the respondent and the petitioner; the name
189 of the respondent’s attorney, if known; the findings and
190 recommendations of the assessment performed by the qualified
191 professional; and the factual allegations presented by the
192 petitioner establishing the need for involuntary outpatient
193 services. The factual allegations must demonstrate:
194 (1)(a) An attestation by the applicant that the person
195 meets the criteria for involuntary admission under s.
196 397.675(1); or
197 (b)(1) The reason for the petitioner’s belief that the
198 respondent is substance abuse impaired.;
199 (2) The reason for the petitioner’s belief that because of
200 such impairment the respondent has lost the power of self
201 control with respect to substance abuse; and:
202 (3)(a) The reason the petitioner believes that the
203 respondent Has inflicted or is likely to inflict physical harm
204 on himself or herself or others unless the court orders the
205 involuntary services; or
206 (b) The reason the petitioner believes that The
207 respondent’s refusal to voluntarily receive care is based on
208 judgment so impaired by reason of substance abuse that the
209 respondent is incapable of appreciating his or her need for care
210 and of making a rational decision regarding that need for care.
211 Section 7. Subsection (2) of section 397.6957, Florida
212 Statutes, is amended to read:
213 397.6957 Hearing on petition for involuntary services.—
214 (2) The petitioner has the burden of showing proving by
215 clear and convincing evidence that:
216 (a) the respondent is substance abuse impaired and has a
217 history of lack of compliance with treatment for substance
218 abuse; and:
219 (a) The respondent meets the criteria for involuntary
220 admission under s. 397.675(1); or
221 (b) Because of such impairment the respondent is unlikely
222 to voluntarily participate in the recommended services or is
223 unable to determine for himself or herself whether services are
224 necessary and:
225 1. Without services, the respondent is likely to suffer
226 from neglect or refuse to care for himself or herself; that such
227 neglect or refusal poses a real and present threat of
228 substantial harm to his or her well-being; and that there is a
229 substantial likelihood that without services the respondent will
230 cause serious bodily harm to himself, herself, or another in the
231 near future, as evidenced by recent behavior; or
232 2. The respondent’s refusal to voluntarily receive care is
233 based on judgment so impaired by reason of substance abuse that
234 the respondent is incapable of appreciating his or her need for
235 care and of making a rational decision regarding that need for
236 care.
237 Section 8. Section 397.697, Florida Statutes, is amended to
238 read:
239 397.697 Court determination; effect of court order for
240 involuntary services.—
241 (1) When the court finds that the conditions for
242 involuntary services have been shown proved by clear and
243 convincing evidence, it may order the respondent to receive
244 involuntary services from a publicly funded licensed service
245 provider for a period not to exceed 90 days. The court may also
246 order a respondent to undergo treatment through a privately
247 funded licensed service provider if the respondent has the
248 ability to pay for the treatment, or if any person on the
249 respondent’s behalf voluntarily demonstrates a willingness and
250 an ability to pay for the treatment. If the court finds it
251 necessary, it may direct the sheriff to take the respondent into
252 custody and deliver him or her to the licensed service provider
253 specified in the court order, or to the nearest appropriate
254 licensed service provider, for involuntary services.
255 (2) When the court determines that the respondent has
256 regained the power of self-control with respect to substance
257 abuse and is not likely to inflict physical harm on himself or
258 herself or others conditions justifying involuntary services no
259 longer exist, the respondent individual must be released as
260 provided in s. 397.6971. When the conditions specified in
261 subsection (1) justifying involuntary services are expected to
262 exist after 90 days of services, a renewal of the involuntary
263 services order may be requested pursuant to s. 397.6975 before
264 the end of the 90-day period.
265 (3)(2) In all cases resulting in an order for involuntary
266 services, the court shall retain jurisdiction over the case and
267 the parties for the entry of such further orders as the
268 circumstances may require. The court’s requirements for
269 notification of proposed release must be included in the
270 original order.
271 (4)(3) An involuntary services order authorizes the
272 licensed service provider to require the respondent individual
273 to receive services that will benefit him or her, including
274 services at any licensable service component of a licensed
275 service provider.
276 (5)(4) If the court orders involuntary services, a copy of
277 the order must be sent to the managing entity within 1 working
278 day after it is received from the court. Documents may be
279 submitted electronically through though existing data systems,
280 if applicable.
281 Section 9. This act shall take effect July 1, 2018.
