Bill Text: FL S1790 | 2018 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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       Florida Senate - 2018                                    SB 1790
       
       
        
       By Senator Powell
       
       
       
       
       
       30-00592A-18                                          20181790__
    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; amending s. 394.4625, F.S.; requiring the
   14         administrator of a receiving facility to file a
   15         petition for voluntary placement within a specified
   16         timeframe after a person under age 18 is admitted for
   17         services or transferred to voluntary status; requiring
   18         the court to hold a hearing within a specified
   19         timeframe to verify consent under certain
   20         circumstances; amending s. 394.499, F.S.; requiring
   21         the administrator of a children’s crisis stabilization
   22         unit or a juvenile addictions receiving facility to
   23         file a petition for voluntary placement within a
   24         specified timeframe after a person under age 18 is
   25         admitted for services; requiring the court to hold a
   26         hearing within a specified timeframe to verify consent
   27         under certain circumstances; providing an effective
   28         date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Workgroup to improve operational effectiveness
   33  of the Baker Act.—The Department of Children and Families shall
   34  create a workgroup to evaluate methods to improve the
   35  operational effectiveness of the Baker Act and recommend changes
   36  to existing laws, rules, and agency policies needed to implement
   37  the workgroup’s recommendations.
   38         (1) At a minimum, the workgroup shall evaluate and make
   39  recommendations on the following:
   40         (a) The timeframe for initial assessment of a patient,
   41  including whether the timeframe should be lengthened.
   42         (b) The use of advanced registered nurse practitioners to
   43  rescind Baker Act commitments.
   44         (c) The use of telemedicine for patient evaluation, case
   45  management, and ongoing care, including recommendations by the
   46  courts on the use of telemedicine to improve management of
   47  patient care and to reduce costs of transportation and public
   48  safety.
   49         (d) The 7-day requirement for followup care and its
   50  applicability to outpatient providers.
   51         (e) Other areas deemed by the workgroup where changes would
   52  improve the operational effectiveness of the Baker Act.
   53         (2) The workgroup shall consist of the following
   54  stakeholders:
   55         (a) A representative of the Department of Children and
   56  Families, who shall serve as chair, appointed by the Secretary
   57  of Children and Families.
   58         (b) Two representatives of public Baker Act receiving
   59  facilities and two representatives of specialty hospitals,
   60  appointed by the Florida Hospital Association.
   61         (c) Two representatives of crisis stabilization units,
   62  appointed by the Department of Children and Families.
   63         (d) A representative of law enforcement agencies, appointed
   64  by the Florida Sheriffs Association.
   65         (e) A member of the judiciary who regularly evaluates Baker
   66  Act cases, appointed by the Chief Justice of the Supreme Court.
   67         (f) A public defender, appointed by the Florida Public
   68  Defender Association.
   69         (g) A state attorney, appointed by the Florida Prosecuting
   70  Attorneys Association.
   71         (h) A physician who provides care within a Baker Act
   72  receiving facility, appointed by the Florida Medical
   73  Association.
   74         (i) A physician who regularly screens patients who meet
   75  Baker Act criteria, appointed by the Florida College of
   76  Emergency Physicians.
   77         (j) A representative from a managing entity, appointed by
   78  the Secretary of Children and Families.
   79         (k) A representative of the Agency for Health Care
   80  Administration, appointed by the Secretary of Health Care
   81  Administration.
   82         (l) Two representatives of the Florida Council for
   83  Community Mental Health, appointed by the council.
   84         (m) An advanced registered nurse practitioner who works in
   85  a Baker Act receiving facility and who treats patients who meet
   86  Baker Act criteria, appointed by the Florida Nurses Association.
   87         (n) Two advanced registered nurse practitioners who are
   88  nationally certified in mental health, one appointed by the
   89  Florida Association of Nurse Practitioners, and one appointed by
   90  the Florida Nurse Practitioner Network.
   91         (o) A psychologist licensed under chapter 490, Florida
   92  Statutes, appointed by the Florida Psychological Association.
   93         (p) A psychiatrist with experience in the Baker Act,
   94  appointed by the Florida Psychiatric Society.
   95         (3) The workgroup shall meet in Tallahassee and shall
   96  determine the frequency of its meetings. Individual workgroup
   97  members are responsible for their travel expenses.
   98         (4) Members of the workgroup shall be appointed by June 1,
   99  2018, and the first meeting of the workgroup must take place
  100  before July 1, 2018. The workgroup shall review a draft of its
  101  recommendations before September 1, 2018. By November 1, 2018,
  102  the workgroup shall provide a final report to the Secretary of
  103  Children and Families, the Secretary of Health Care
  104  Administration, the President of the Senate, and the Speaker of
  105  the House of Representatives. The report must include the
  106  workgroup’s findings and recommended statutory and
  107  administrative rule changes.
  108         Section 2. Paragraph (a) of subsection (1) and subsection
  109  (4) of section 394.4625, Florida Statutes, are amended to read:
  110         394.4625 Voluntary admissions.—
  111         (1) AUTHORITY TO RECEIVE PATIENTS.—
  112         (a) A facility may receive for observation, diagnosis, or
  113  treatment any person 18 years of age or older making application
  114  to the facility by express and informed consent for admission or
  115  any person age 17 or under for whom such application is made by
  116  his or her guardian. If found to show evidence of mental
  117  illness, to be competent to provide express and informed
  118  consent, and to be suitable for treatment, such person 18 years
  119  of age or older may be admitted to the facility.
  120         1. Within 24 hours after a person is admitted for
  121  observation, diagnosis, or treatment or transferred to voluntary
  122  status pursuant to subsection (4), the administrator of the
  123  facility shall file with the court in the county where the
  124  person age 17 or under is located a petition for voluntary
  125  placement. Such petition shall include all forms and information
  126  as required by the department, including, but not limited to,
  127  the application for voluntary admission or application to
  128  transfer to voluntary status; the express and informed consent
  129  of the person age 17 or under and his or her guardian to
  130  admission for treatment; certification that the disclosures
  131  required under s. 394.459 to obtain such express and informed
  132  consent were communicated to the person and his or her guardian;
  133  and pertinent demographic information about the person and his
  134  or her guardian, including whether a final judgment of
  135  dissolution of marriage has been entered, whether the guardian
  136  is authorized to make health care decisions on behalf of the
  137  person, and certification that a copy of the final judgment or
  138  other document that establishes the authority of the guardian
  139  has been or will be provided to the court. Upon filing, the
  140  clerk of the court shall provide copies to the department, to
  141  the person age 17 or under, and to his or her guardian. A fee
  142  may not be charged for the filing of a petition under this
  143  subparagraph.
  144         2. Unless a continuance is granted, a court shall hold a
  145  hearing within 5 court working days after a person age 17 or
  146  under is may be admitted only after a hearing to verify that the
  147  voluntariness of the consent to admission is voluntary.
  148         (4) TRANSFER TO VOLUNTARY STATUS.—An involuntary patient
  149  who is 18 years of age or older and who applies to be
  150  transferred to voluntary status, or an involuntary patient who
  151  is age 17 or under and whose guardian has made application on
  152  his or her behalf to transfer to voluntary status, shall be
  153  transferred to voluntary status immediately, unless the patient
  154  has been charged with a crime, or has been involuntarily placed
  155  for treatment by a court pursuant to s. 394.467 and continues to
  156  meet the criteria for involuntary placement. Within 24 hours
  157  after transfer to voluntary status, the administrator of the
  158  facility shall file a petition in accordance with subparagraph
  159  (1)(a)1. A court shall hold a hearing within 5 court working
  160  days after receiving a petition for voluntary placement for a
  161  patient age 17 or under to verify that the consent to remain in
  162  the facility is voluntary. When transfer to voluntary status
  163  occurs, notice shall be given as provided in s. 394.4599.
  164         Section 3. Paragraph (a) of subsection (2) of section
  165  394.499, Florida Statutes, is amended to read:
  166         394.499 Integrated children’s crisis stabilization
  167  unit/juvenile addictions receiving facility services.—
  168         (2) Children eligible to receive integrated children’s
  169  crisis stabilization unit/juvenile addictions receiving facility
  170  services include:
  171         (a) A person under 18 years of age for whom voluntary
  172  application is made by his or her guardian, if such person is
  173  found to show evidence of mental illness and to be suitable for
  174  treatment pursuant to s. 394.4625. The administrator of the
  175  facility shall file a petition for voluntary placement, pursuant
  176  to s. 394.4625, within 24 hours after a person under 18 years of
  177  age is admitted for integrated facility services. Unless a
  178  continuance is granted, a court shall hold a hearing within 5
  179  court working days after a person under 18 years of age is may
  180  be admitted for integrated facility services only after a
  181  hearing to verify that the consent to admission is voluntary.
  182         Section 4. This act shall take effect upon becoming a law.