Bill Text: FL S1790 | 2018 | Regular Session | Comm Sub

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Bill Title: Baker Act

Spectrum: Bipartisan Bill

Status: (Failed) 2018-03-10 - Died in Appropriations [S1790 Detail]

Download: Florida-2018-S1790-Comm_Sub.html

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       Florida Senate - 2018                             CS for SB 1790
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Powell
       
       
       
       
       586-02598-18                                          20181790c1
    1                        A bill to be entitled                      
    2         An act relating to the Baker Act; requiring the
    3         Department of Children and Families to create a
    4         workgroup to provide recommendations relating to
    5         revision of the Baker Act; requiring the workgroup to
    6         make recommendations on specified topics; providing
    7         for membership of the workgroup; providing for
    8         meetings; requiring the workgroup to meet by a
    9         specified date; requiring the workgroup to review a
   10         draft of its recommendations by a specified date;
   11         requiring the workgroup to submit a final report to
   12         specified entities and the Legislature by a specified
   13         date; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Workgroup to improve operational effectiveness
   18  of the Baker Act.—The Department of Children and Families shall
   19  create a workgroup to evaluate methods to improve the
   20  operational effectiveness of the Baker Act and recommend changes
   21  to existing laws, rules, and agency policies needed to implement
   22  the workgroup’s recommendations.
   23         (1) At a minimum, the workgroup shall evaluate and make
   24  recommendations on the following:
   25         (a) The timeframe for initial assessment of a patient,
   26  including whether the timeframe should be lengthened.
   27         (b) The use of advanced registered nurse practitioners to
   28  rescind Baker Act commitments.
   29         (c) The use of telemedicine for patient evaluation, case
   30  management, and ongoing care, including recommendations by the
   31  courts on the use of telemedicine to improve management of
   32  patient care and to reduce costs of transportation and public
   33  safety.
   34         (d) The 7-day requirement for followup care and its
   35  applicability to outpatient providers.
   36         (e) Other areas deemed by the workgroup where changes would
   37  improve the operational effectiveness of the Baker Act.
   38         (2) The workgroup shall consist of the following
   39  stakeholders:
   40         (a) A representative of the Department of Children and
   41  Families, who shall serve as chair, appointed by the Secretary
   42  of Children and Families.
   43         (b) Two representatives of public Baker Act receiving
   44  facilities and two representatives of specialty hospitals,
   45  appointed by the Florida Hospital Association.
   46         (c) Two representatives of crisis stabilization units,
   47  appointed by the Department of Children and Families.
   48         (d) A representative of law enforcement agencies, appointed
   49  by the Florida Sheriffs Association.
   50         (e) A member of the judiciary who regularly evaluates Baker
   51  Act cases, appointed by the Chief Justice of the Supreme Court.
   52         (f) A public defender, appointed by the Florida Public
   53  Defender Association.
   54         (g) A state attorney, appointed by the Florida Prosecuting
   55  Attorneys Association.
   56         (h) A physician who provides care within a Baker Act
   57  receiving facility, appointed by the Florida Medical
   58  Association.
   59         (i) A physician who regularly screens patients who meet
   60  Baker Act criteria, appointed by the Florida College of
   61  Emergency Physicians.
   62         (j) A representative from a managing entity, appointed by
   63  the Secretary of Children and Families.
   64         (k) A representative of the Agency for Health Care
   65  Administration, appointed by the Secretary of Health Care
   66  Administration.
   67         (l) Two representatives of the Florida Council for
   68  Community Mental Health, appointed by the council.
   69         (m) An advanced registered nurse practitioner who works in
   70  a Baker Act receiving facility and who treats patients who meet
   71  Baker Act criteria, appointed by the Florida Nurses Association.
   72         (n) Two advanced registered nurse practitioners who are
   73  nationally certified in mental health, one appointed by the
   74  Florida Association of Nurse Practitioners, and one appointed by
   75  the Florida Nurse Practitioner Network.
   76         (o) A psychologist licensed under chapter 490, Florida
   77  Statutes, appointed by the Florida Psychological Association.
   78         (p) A psychiatrist with experience in the Baker Act,
   79  appointed by the Florida Psychiatric Society.
   80         (3) The workgroup shall meet in Tallahassee and shall
   81  determine the frequency of its meetings. Individual workgroup
   82  members are responsible for their travel expenses.
   83         (4) Members of the workgroup shall be appointed by June 1,
   84  2018, and the first meeting of the workgroup must take place
   85  before July 1, 2018. The workgroup shall review a draft of its
   86  recommendations before September 1, 2018. By November 1, 2018,
   87  the workgroup shall provide a final report to the Secretary of
   88  Children and Families, the Secretary of Health Care
   89  Administration, the President of the Senate, and the Speaker of
   90  the House of Representatives. The report must include the
   91  workgroup’s findings and recommended statutory and
   92  administrative rule changes.
   93         Section 2. This act shall take effect upon becoming a law.