Bill Text: FL S1418 | 2019 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Mental Health
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2019-06-26 - Chapter No. 2019-134, companion bill(s) passed, see CS/HB 7125 (Ch. 2019-167) [S1418 Detail]
Download: Florida-2019-S1418-Comm_Sub.html
Bill Title: Mental Health
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2019-06-26 - Chapter No. 2019-134, companion bill(s) passed, see CS/HB 7125 (Ch. 2019-167) [S1418 Detail]
Download: Florida-2019-S1418-Comm_Sub.html
Florida Senate - 2019 CS for SB 1418 By the Committee on Children, Families, and Elder Affairs; and Senator Powell 586-03728-19 20191418c1 1 A bill to be entitled 2 An act relating to mental health; amending s. 3 394.4615, F.S.; requiring service providers to 4 disclose information from a clinical record under 5 certain circumstances relating to threats to cause 6 seriously bodily injury or death; amending s. 394.463, 7 F.S.; revising deadlines for submission of 8 documentation regarding involuntary examinations; 9 amending s. 456.059, F.S.; requiring, rather than 10 authorizing, psychiatrists to disclose certain patient 11 communications for purposes of notifying potential 12 victims and law enforcement agencies of certain 13 threats; amending s. 490.0147, F.S.; requiring, rather 14 than authorizing, psychologists to disclose certain 15 patient and client communications for purposes of 16 notifying potential victims and law enforcement 17 agencies of certain threats; providing psychologists 18 with immunity from specified liability and actions 19 under certain circumstances; amending s. 491.0147, 20 F.S.; requiring, rather than authorizing, certain 21 license holders and certificate holders to disclose 22 certain patient and client communications for purposes 23 of notifying potential victims and law enforcement 24 agencies of certain threats; providing such persons 25 with immunity from specified liability and actions; 26 amending s. 1012.583, F.S.; revising responsibilities 27 of the Department of Education and the Statewide 28 Office for Suicide Prevention; revising criteria for 29 designation as a Suicide Prevention Certified School; 30 requiring that the department, schools, and school 31 districts post certain information regarding such 32 schools be posted on their respective websites; 33 reenacting s. 490.009, F.S., relating to discipline of 34 psychiatrists; reenacting s. 491.009, F.S., relating 35 to discipline of psychologists; providing an effective 36 date. 37 38 Be It Enacted by the Legislature of the State of Florida: 39 40 Section 1. Present subsections (4) through (11) of section 41 394.4615, Florida Statutes, are redesignated as subsections (5) 42 through (12), respectively, a new subsection (4) is added to 43 that section, and subsection (3) of that section is amended, to 44 read: 45 394.4615 Clinical records; confidentiality.— 46 (3) Information from the clinical record mustmaybe 47 releasedin the following circumstances:48(a)when a patient has communicated to a service provider a 49 specific threat to cause serious bodily injury or death to an 50 identified or a readily available person, if the service 51 provider reasonably believes, or should reasonably believe 52 according to the standards of his or her profession, that the 53 patient has the apparent intent and ability to imminently or 54 immediately carry out such threatdeclared an intention to harm55other persons. When such communicationdeclarationhas been 56 made, the administrator mustmayauthorize the release of 57 sufficient information to provide adequate warning to the person 58 threatened with harm by the patient and communicate the threat 59 to law enforcement. 60 (4)(a)(b)Information from the clinical record may be 61 released when the administrator of the facility or secretary of 62 the department deems release to a qualified researcher as 63 defined in administrative rule, an aftercare treatment provider, 64 or an employee or agent of the department is necessary for 65 treatment of the patient, maintenance of adequate records, 66 compilation of treatment data, aftercare planning, or evaluation 67 of programs. 68 (b) For the purpose of determining whether a person meets 69 the criteria for involuntary outpatient placement or for 70 preparing the proposed treatment plan pursuant to s. 394.4655, 71 the clinical record may be released to the state attorney, the 72 public defender or the patient’s private legal counsel, the 73 court, and to the appropriate mental health professionals, 74 including the service provider identified in s. 75 394.4655(7)(b)2., in accordance with state and federal law. 76 Section 2. Paragraph (a) of subsection (2) of section 77 394.463, Florida Statutes, is amended to read: 78 394.463 Involuntary examination.— 79 (2) INVOLUNTARY EXAMINATION.— 80 (a) An involuntary examination may be initiated by any one 81 of the following means: 82 1. A circuit or county court may enter an ex parte order 83 stating that a person appears to meet the criteria for 84 involuntary examination and specifying the findings on which 85 that conclusion is based. The ex parte order for involuntary 86 examination must be based on written or oral sworn testimony 87 that includes specific facts that support the findings. If other 88 less restrictive means are not available, such as voluntary 89 appearance for outpatient evaluation, a law enforcement officer, 90 or other designated agent of the court, shall take the person 91 into custody and deliver him or her to an appropriate, or the 92 nearest, facility within the designated receiving system 93 pursuant to s. 394.462 for involuntary examination. The order of 94 the court shall be made a part of the patient’s clinical record. 95 A fee may not be charged for the filing of an order under this 96 subsection. A facility accepting the patient based on this order 97 must send a copy of the order to the department within 5the98nextworking daysday. The order may be submitted electronically 99 through existing data systems, if available. The order shall be 100 valid only until the person is delivered to the facility or for 101 the period specified in the order itself, whichever comes first. 102 If no time limit is specified in the order, the order shall be 103 valid for 7 days after the date that the order was signed. 104 2. A law enforcement officer shall take a person who 105 appears to meet the criteria for involuntary examination into 106 custody and deliver the person or have him or her delivered to 107 an appropriate, or the nearest, facility within the designated 108 receiving system pursuant to s. 394.462 for examination. The 109 officer shall execute a written report detailing the 110 circumstances under which the person was taken into custody, 111 which must be made a part of the patient’s clinical record. Any 112 facility accepting the patient based on this report must send a 113 copy of the report to the department within 5the nextworking 114 daysday. 115 3. A physician, clinical psychologist, psychiatric nurse, 116 mental health counselor, marriage and family therapist, or 117 clinical social worker may execute a certificate stating that he 118 or she has examined a person within the preceding 48 hours and 119 finds that the person appears to meet the criteria for 120 involuntary examination and stating the observations upon which 121 that conclusion is based. If other less restrictive means, such 122 as voluntary appearance for outpatient evaluation, are not 123 available, a law enforcement officer shall take into custody the 124 person named in the certificate and deliver him or her to the 125 appropriate, or nearest, facility within the designated 126 receiving system pursuant to s. 394.462 for involuntary 127 examination. The law enforcement officer shall execute a written 128 report detailing the circumstances under which the person was 129 taken into custody. The report and certificate shall be made a 130 part of the patient’s clinical record. Any facility accepting 131 the patient based on this certificate must send a copy of the 132 certificate to the department within 5the nextworking days 133day. The document may be submitted electronically through 134 existing data systems, if applicable. 135 Section 3. Section 456.059, Florida Statutes, is amended to 136 read: 137 456.059 Communications confidential; exceptions. 138 Communications between a patient and a psychiatrist, as defined 139 in s. 394.455, shall be held confidential and mayshallnot be 140 disclosed except upon the request of the patient or the 141 patient’s legal representative. Provision of psychiatric records 142 and reports areshall begoverned by s. 456.057. Notwithstanding 143 any other provision of this section or s. 90.503, whenwhere: 144 (1) A patient is engaged in a treatment relationship with a 145 psychiatrist; 146 (2) Such patient has communicated to the psychiatrist a 147 specific threat to cause serious bodily injury or death to an 148 identified or a readily available personmade an actual threat149to physically harm an identifiable victim or victims; and 150 (3) The treating psychiatrist makes a clinical judgment 151 that the patient has the apparent intent and ability to 152 imminently or immediately carry out such threatcapability to153commit such an act and that it is more likely than not that in154the near future the patient will carry out that threat, 155 156 the psychiatrist shallmaydisclose patient communications to 157 the extent necessary to warn any potential victim or to 158 communicate the threat to a law enforcement agency. A 159 psychiatrist’s disclosure of confidential communications when 160 communicating a threat pursuant to this section may not be the 161 basis of any legal action or criminal or civil liability against 162 the psychiatristNo civil or criminal action shall be163instituted, and there shall be no liability on account of164disclosure of otherwise confidential communications by a165psychiatrist in disclosing a threat pursuant to this section. 166 Section 4. Section 490.0147, Florida Statutes, is amended 167 to read: 168 490.0147 Confidentiality and privileged communications.— 169 (1) Any communication between a psychologistany person170licensed under this chapterand her or his patient or client is 171shall beconfidential. This privilege may be waived under the 172 following conditions: 173 (a)(1)When the psychologistperson licensed under this174chapteris a party defendant to a civil, criminal, or 175 disciplinary action arising from a complaint filed by the 176 patient or client, in which case the waiver shall be limited to 177 that action; or.178 (b)(2)When the patient or client agrees to the waiver, in 179 writing, or when more than one person in a family is receiving 180 therapy, when each family member agrees to the waiver, in 181 writing. 182 (2) Such privilege must be waived, and the psychologist 183 shall disclose patient and client communications to the extent 184 necessary to warn any potential victim and to communicate the 185 threat to a law enforcement agency, if a patient or client has 186 communicated to the psychologist a specific threat to cause 187 serious bodily injury or death to an identified or readily 188 available person, and the psychologist makes a clinical judgment 189 that the patient or client has the apparent intent and ability 190 to imminently or immediately carry out such threat. A 191 psychologist’s disclosure of confidential communications when 192 communicating a threat pursuant to this subsection may not be 193 the basis of any legal action or criminal or civil liability 194 against the psychologist 195(3) When there is a clear and immediate probability of196physical harm to the patient or client, to other individuals, or197to society and the person licensed under this chapter198communicates the information only to the potential victim,199appropriate family member, or law enforcement or other200appropriate authorities. 201 Section 5. Section 491.0147, Florida Statutes, is amended 202 to read: 203 491.0147 Confidentiality and privileged communications.—Any 204 communication between any person licensed or certified under 205 this chapter and her or his patient or client isshall be206 confidential. 207 (1) This privilegesecrecymay be waived under the 208 following conditions: 209 (a)(1)When the person licensed or certified under this 210 chapter is a party defendant to a civil, criminal, or 211 disciplinary action arising from a complaint filed by the 212 patient or client, in which case the waiver shall be limited to 213 that action. 214 (b)(2)When the patient or client agrees to the waiver, in 215 writing, or, when more than one person in a family is receiving 216 therapy, when each family member agrees to the waiver, in 217 writing. 218 (2) This privilege must be waived, and the person licensed 219 or certified under this chapter shall disclose patient and 220 client communications to the extent necessary to warn any 221 potential victim and to communicate the threat to a law 222 enforcement agency, if a patient or client has communicated to 223 such person a specific threat to cause serious bodily injury or 224 death to an identified or readily available person, and the 225 person licensed or certified under this chapter makes a clinical 226 judgment that the patient or client has the apparent intent and 227 ability to imminently or immediately carry out such threat. A 228 disclosure of confidential communications by a person licensed 229 or certified under this chapter when communicating a threat 230 pursuant to this subsection may not be the basis of any legal 231 action or criminal or civil liability against such person 232(3) When, in the clinical judgment of the person licensed233or certified under this chapter, there is a clear and immediate234probability of physical harm to the patient or client, to other235individuals, or to society and the person licensed or certified236under this chapter communicates the information only to the237potential victim, appropriate family member, or law enforcement238or other appropriate authorities. There shall be no liability on239the part of, and no cause of action of any nature shall arise240against, a person licensed or certified under this chapter for241the disclosure of otherwise confidential communications under242this subsection. 243 Section 6. Section 1012.583, Florida Statutes, is amended 244 to read: 245 1012.583 Continuing education and inservice training for 246 youth suicide awareness and prevention.— 247 (1) By July 1, 2019Beginning with the 2016-2017 school248year, the Department of Education, in consultation with the 249 Statewide Office for Suicide Prevention and suicide prevention 250 experts, shall develop a list of approved youth suicide 251 awareness and prevention training materials and suicide 252 screening instruments that may be used for training in youth 253 suicide awareness, suicideandprevention, and suicide screening 254 for instructional personnel in elementary school, middle school, 255 and high school. The approved list of materials: 256 (a) Must identify available standardized suicide screening 257 instruments appropriate for use with a school-age population and 258 which have validity and reliability and include information 259 about obtaining instruction in the administration and use of 260 such instruments. 261 (b)(a)Must include training on how to identify appropriate 262 mental health services and how to refer youth and their families 263 to those services. 264 (c)(b)May include materials currently being used by a 265 school district if such materials meet any criteria established 266 by the department. 267 (d)(c)May include programs that instructional personnel 268 can complete through a self-review of approved youth suicide 269 awareness and prevention materials. 270 (2) A schoolthat chooses to incorporate 2 hours of271training offered pursuant to this sectionshall be considered a 272 “Suicide Prevention Certified School.” if it: 273 (a) Incorporates 2 hours of training offered pursuant to 274 this section. The training must be included in the existing 275 continuing education or inservice training requirements for 276 instructional personnel and may not add to the total hours 277 currently required by the department. A school that chooses to 278 participate in the training must require all instructional 279 personnel to participate. 280 (b) Has at least two school-based staff members certified 281 or otherwise deemed competent in the use of a suicide screening 282 instrument approved under subsection (1) and has a policy to use 283 such suicide risk screening instrument to evaluate a student’s 284 suicide risk before requesting the initiation of, or initiating, 285 an involuntary examination due to concerns about that student’s 286 suicide risk. 287 (3) A school that meets the criteria in subsection (2) 288participates in the suicide awareness and prevention training289pursuant to this sectionmust report its compliance 290participationto the department. The department shall keep an 291 updated record of all Suicide Prevention Certified Schools and 292 shall post the list of these schools on the department’s 293 website. Each school shall also post on its own website whether 294 it is a Suicide Prevention Certified School, and each school 295 district shall post on its district website a list of the 296 Suicide Prevention Certified Schools in that district. 297 (4) A person has no cause of action for any loss or damage 298 caused by an act or omission resulting from the implementation 299 of this section or resulting from any training required by this 300 section unless the loss or damage was caused by willful or 301 wanton misconduct. This section does not create any new duty of 302 care or basis of liability. 303 (5) The State Board of Education may adopt rules to 304 implement this section. 305 Section 7. For the purpose of incorporating the amendment 306 made by this act to section 490.0147, Florida Statutes, in a 307 reference thereto, paragraph (u) of subsection (1) of section 308 490.009, Florida Statutes, is reenacted to read: 309 490.009 Discipline.— 310 (1) The following acts constitute grounds for denial of a 311 license or disciplinary action, as specified in s. 456.072(2): 312 (u) Failing to maintain in confidence a communication made 313 by a patient or client in the context of such services, except 314 as provided in s. 490.0147. 315 Section 8. For the purpose of incorporating the amendment 316 made by this act to section 491.0147, Florida Statutes, in a 317 reference thereto, paragraph (u) of subsection (1) of section 318 491.009, Florida Statutes, is reenacted to read: 319 491.009 Discipline.— 320 (1) The following acts constitute grounds for denial of a 321 license or disciplinary action, as specified in s. 456.072(2): 322 (u) Failure of the licensee, registered intern, or 323 certificateholder to maintain in confidence a communication made 324 by a patient or client in the context of such services, except 325 as provided in s. 491.0147. 326 Section 9. This act shall take effect upon becoming a law.