FL
Florida House Bill H1277

Florida 2022 Regular Session

Florida House Bill H1277 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to mental health and substance abuse; 2
16-amending s. 119.0712, F.S.; authorizing the release of 3
17-certain information to a receiving facility, hospital, 4
18-or licensed detoxification or addictions receiving 5
19-facility only for a specified purpose; am ending s. 6
20-394.459, F.S.; revising the conditions under which a 7
21-patient's communication with persons outside of a 8
22-receiving facility may be restricted; revising the 9
23-conditions under which a patient's sealed and unopened 10
24-incoming or outgoing correspondence m ay be restricted; 11
25-revising the conditions under which a patient's 12
26-visitation with persons outside of a receiving 13
27-facility may be restricted; revising the frequency 14
28-with which the restriction on a patient's right to 15
29-communicate or receive visitors must be r eviewed; 16
30-amending s. 394.4599, F.S.; requiring a receiving 17
31-facility to notify specified emergency contacts of 18
32-individuals who are being involuntarily held for 19
33-examination; amending s. 394.4615, F.S.; requiring 20
34-receiving facilities to document that an optio n to 21
35-authorize the release of specified information has 22
36-been provided, within a specified timeframe, to 23
37-individuals admitted on a voluntary basis; amending s. 24
38-394.463, F.S.; requiring that reports issued by law 25
16+amending s. 394.459, F.S.; revising the conditions 3
17+under which a patient's communication with persons 4
18+outside of a receiving facility may be restricted; 5
19+revising the conditions under which a patient's s ealed 6
20+and unopened incoming or outgoing correspondence may 7
21+be restricted; revising the conditions under which a 8
22+patient's visitation with persons outside of a 9
23+receiving facility may be restricted; revising the 10
24+frequency with which the restriction on a pati ent's 11
25+right to communicate or receive visitors must be 12
26+reviewed; amending s. 394.4599, F.S.; requiring a 13
27+receiving facility to notify specified emergency 14
28+contacts of individuals who are being involuntarily 15
29+held for examination; amending s. 394.4615, F.S.; 16
30+requiring receiving facilities to document that an 17
31+option to authorize the release of specified 18
32+information has been provided, within a specified 19
33+timeframe, to individuals admitted on a voluntary 20
34+basis; amending s. 394.463, F.S.; requiring that 21
35+reports issued by law enforcement officers when 22
36+delivering a person to a receiving facility contain 23
37+certain information related to emergency contacts; 24
38+limiting the use of certain information provided to a 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51-enforcement officers when delivering a person to a 26
52-receiving facility contain certain information related 27
53-to emergency contacts; limiting the use of certain 28
54-information by a receiving facility; requiring the 29
55-Department of Children and Families to receive and 30
56-maintain reports relating to the transport ation of 31
57-patients; revising a prohibition on releasing a 32
58-patient without certain documented approval; 33
59-authorizing a receiving facility to postpone the 34
60-release of a patient if certain requirements are met; 35
61-prohibiting certain activities relating to examinat ion 36
62-and treatment; providing a criminal penalty; amending 37
63-s. 394.468, F.S.; requiring that discharge planning 38
64-and procedures include and document the consideration 39
65-of specified factors and actions; amending s. 40
66-394.9086; revising meeting requirements of the 41
67-Commission on Mental Health and Substance Abuse; 42
68-authorizing reimbursement for per diem and travel 43
69-expenses for members of the commission; authorizing 44
70-the commission to access certain information or 45
71-records; extending the date by which the commission 46
72-must submit a certain interim report to the 47
73-Legislature and Governor; amending s. 397.601, F.S.; 48
74-requiring service providers to document that an option 49
75-to authorize the release of specified information has 50
51+receiving facility; maintaining the confidential and 26
52+exempt status of such information; requiring the 27
53+Department of Children and Families to receive and 28
54+maintain reports relating to the transportation of 29
55+patients; revising a prohibition on releasing a 30
56+patient without certain documented approval; 31
57+authorizing a receivi ng facility to postpone the 32
58+release of a patient if certain requirements are met; 33
59+prohibiting certain activities relating to examination 34
60+and treatment; providing a criminal penalty; amending 35
61+s. 394.468, F.S.; requiring that discharge planning 36
62+and procedures include and document the consideration 37
63+of specified factors and actions; amending s. 38
64+394.9086; revising meeting requirements of the 39
65+Commission on Mental Health and Substance Abuse; 40
66+authorizing reimbursement for per diem and travel 41
67+expenses for members of the commission; authorizing 42
68+the commission to access certain information or 43
69+records; extending the date by which the commission 44
70+must submit a certain interim report to the 45
71+Legislature and Governor; amending s. 397.601, F.S.; 46
72+requiring service providers to document that an option 47
73+to authorize the release of specified information has 48
74+been provided, within a specified timeframe, to 49
75+individuals admitted on a voluntary basis; amending s. 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88-been provided, within a specified timeframe, to 51
89-individuals admitted on a voluntary basis; amending s. 52
90-397.6772, F.S.; requiring law enforcement officers to 53
91-include certain information regarding emergency 54
92-contacts in reports relating to the delivery of a 55
93-person to a hospital or licensed detoxification or 56
94-addictions receiving facility; limiting the use of 57
95-certain information by a hospital or licensed 58
96-detoxification or addictions receiving facility; 59
97-requiring a law enforcement officer to provide certain 60
98-notification and document such notification in a 61
99-certain report; providing an effective date. 62
88+397.6772, F.S.; requiring law enforcement officers to 51
89+include certain info rmation regarding emergency 52
90+contacts in reports relating to the delivery of a 53
91+person to a hospital or licensed detoxification or 54
92+addictions receiving facility; limiting the use of 55
93+certain information provided to a hospital or licensed 56
94+detoxification or add ictions receiving facility; 57
95+maintaining the confidential and exempt status of such 58
96+information; requiring a law enforcement officer to 59
97+provide certain notification and document such 60
98+notification in a certain report; providing an 61
99+effective date. 62
100100 63
101101 Be It Enacted by the Legislature of the State of Florida: 64
102102 65
103- Section 1. Paragraph (d) of subsection (2) of section 66
104-119.0712, Florida Statutes, is amended to read: 67
105- 119.0712 Executive branch agency -specific exemptions from 68
106-inspection or copying of public records. — 69
107- (2) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES. — 70
108- (d)1. Emergency contact information contained in a motor 71
109-vehicle record is confidential and exempt from s. 119.07(1) and 72
110-s. 24(a), Art. I of the St ate Constitution. 73
111- 2. Without the express consent of the person to whom such 74
112-emergency contact information applies, the emergency contact 75
103+ Section 1. Paragraphs (d), (e), and (f) of subsection (5) 66
104+of section 394.459, Florida Statutes, are redesignated as 67
105+paragraphs (e), (f), and (g), respectively, and paragraphs (a), 68
106+(b), and (c) of that subsection are amended to read: 69
107+ 394.459 Rights of patients. — 70
108+ (5) COMMUNICATION, ABUSE REPORTING, AND VISITS. — 71
109+ (a) Each person receiving services in a facility providing 72
110+mental health services under this part has the right to 73
111+communicate freely and privately with persons outside the 74
112+facility unless a qualified professional determines it is 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125-information contained in a motor vehicle record may be released 76
126-only to: 77
127- a. Law enforcement agencies for purposes o f contacting 78
128-those listed in the event of an emergency. 79
129- b. A receiving facility, hospital, or licensed 80
130-detoxification or addictions receiving facility pursuant to ss. 81
131-394.463(2)(a) and 397.6772(1)(a) for the sole purpose of 82
132-informing a patient's emergenc y contacts of the patient's 83
133-whereabouts. 84
134- Section 2. Paragraphs (d), (e), and (f) of subsection (5) 85
135-of section 394.459, Florida Statutes, are redesignated as 86
136-paragraphs (e), (f), and (g), respectively, and paragraphs (a), 87
137-(b), and (c) of that subsection are amended to read: 88
138- 394.459 Rights of patients. — 89
139- (5) COMMUNICATION, ABUSE REPORTING, AND VISITS. — 90
140- (a) Each person receiving services in a facility providing 91
141-mental health services under this part has the right to 92
142-communicate freely and privately wi th persons outside the 93
143-facility unless a qualified professional determines it is 94
144-determined that such communication is likely to be harmful to 95
145-the person or others in a manner directly related to the 96
146-person's clinical well -being, the clinical well -being of other 97
147-patients, or the general safety of facility staff . Each facility 98
148-shall make available as soon as reasonably possible to persons 99
149-receiving services a telephone that allows for free local calls 100
125+determined that such communication is likely to be harmful to 76
126+the person or others in a manner directly related to the 77
127+person's clinical well -being, the clinical w ell-being of other 78
128+patients, or the general safety of facility staff . Each facility 79
129+shall make available as soon as reasonably possible to persons 80
130+receiving services a telephone that allows for free local calls 81
131+and access to a long -distance service. A faci lity is not 82
132+required to pay the costs of a patient's long -distance calls. 83
133+The telephone shall be readily accessible to the patient and 84
134+shall be placed so that the patient may use it to communicate 85
135+privately and confidentially. The facility may establish 86
136+reasonable rules for the use of this telephone, provided that 87
137+the rules do not interfere with a patient's access to a 88
138+telephone to report abuse pursuant to paragraph (f) (e). 89
139+ (b) Each patient admitted to a facility under the 90
140+provisions of this part shall b e allowed to receive, send, and 91
141+mail sealed, unopened correspondence; and no patient's incoming 92
142+or outgoing correspondence shall be opened, delayed, held, or 93
143+censored by the facility unless a qualified professional 94
144+determines that such correspondence is li kely to be harmful to 95
145+the patient or others in a manner directly related to the 96
146+patient's clinical well -being, the clinical well -being of other 97
147+patients, or the general safety of facility staff. If there is 98
148+reason to believe that such correspondence it contains items or 99
149+substances which may be harmful to the patient or others, in 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162-and access to a long -distance service. A facility is not 101
163-required to pay the costs of a patient's long -distance calls. 102
164-The telephone shall be readily accessible to the patient and 103
165-shall be placed so that the patient may use it to communicate 104
166-privately and confidentially. The facility may establish 105
167-reasonable rules for the use of this telephone, provided that 106
168-the rules do not interfere with a patient's access to a 107
169-telephone to report abuse pursuant to paragraph (f) (e). 108
170- (b) Each patient admitted to a facility under the 109
171-provisions of this part shall be allowed to receive, send, and 110
172-mail sealed, unopened correspondence; and no patient's incoming 111
173-or outgoing correspondence shall be opened, delayed, held, or 112
174-censored by the facility unless a qualified professional 113
175-determines that such correspondence is likely to be harmful to 114
176-the patient or others in a manner directly related to the 115
177-patient's clinical well -being, the clinical well -being of other 116
178-patients, or the general safet y of facility staff. If there is 117
179-reason to believe that such correspondence it contains items or 118
180-substances which may be harmful to the patient or others, in 119
181-which case the facility administrator may direct reasonable 120
182-examination of such correspondence mail and may regulate the 121
183-disposition of such items or substances. 122
184- (c) Each facility must permit immediate access to any 123
185-patient, subject to the patient's right to deny or withdraw 124
186-consent at any time, by the patient's family members, guardian, 125
162+which case the facility administrator may direct reasonable 101
163+examination of such correspondence mail and may regulate the 102
164+disposition of such items or substances. 103
165+ (c) Each facility must permit immediate access to any 104
166+patient, subject to the patient's right to deny or withdraw 105
167+consent at any time, by the patient's family members, guardian, 106
168+guardian advocate, representative, Florida statewide or local 107
169+advocacy council, or attorney, u nless a qualified professional 108
170+determines that such access would be detrimental to the patient 109
171+in a manner directly related to the patient's clinical well -110
172+being, the clinical well -being of other patients, or the general 111
173+safety of facility staff . 112
174+ (d) If a patient's right to communicate with outside 113
175+persons; receive, send, or mail sealed, unopened correspondence; 114
176+or to receive visitors is restricted by the facility, written 115
177+notice of such restriction and the reasons for the restriction 116
178+shall be served on th e patient, the patient's attorney, and the 117
179+patient's guardian, guardian advocate, or representative; a 118
180+qualified professional must document such restriction within 24 119
181+hours; and such restriction shall be recorded on the patient's 120
182+clinical record with the r easons therefor. The restriction of a 121
183+patient's right to communicate or to receive visitors shall be 122
184+reviewed at least every 3 7 days. The right to communicate or 123
185+receive visitors shall not be restricted as a means of 124
186+punishment. Nothing in this paragraph shall be construed to 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199-guardian advocate, representative, Florida statewide or local 126
200-advocacy council, or attorney, unless a qualified professional 127
201-determines that such access would be detrimental to the patient 128
202-in a manner directly related to the patient's clinical well -129
203-being, the clinical well-being of other patients, or the general 130
204-safety of facility staff . 131
205- (d) If a patient's right to communicate with outside 132
206-persons; receive, send, or mail sealed, unopened correspondence; 133
207-or to receive visitors is restricted by the facility, written 134
208-notice of such restriction and the reasons for the restriction 135
209-shall be served on the patient, the patient's attorney, and the 136
210-patient's guardian, guardian advocate, or representative; a 137
211-qualified professional must document such restriction within 24 138
212-hours; and such restriction shall be recorded on the patient's 139
213-clinical record with the reasons therefor. The restriction of a 140
214-patient's right to communicate or to receive visitors shall be 141
215-reviewed at least every 3 7 days. The right to communicate or 142
216-receive visitors shall not be restricted as a means of 143
217-punishment. Nothing in this paragraph shall be construed to 144
218-limit the provisions of paragraph (e) (d). 145
219- Section 3. Paragraph (b) of subsection (2) of section 146
220-394.4599, Florida Statutes, is amended to read: 147
221- 394.4599 Notice.— 148
222- (2) INVOLUNTARY ADMISSION. — 149
223- (b) A receiving facility shall give prompt notice of the 150
199+limit the provisions of paragraph (e) (d). 126
200+ Section 2. Paragraph (b) of subsection (2) of section 127
201+394.4599, Florida Statutes, is amended to read: 128
202+ 394.4599 Notice.— 129
203+ (2) INVOLUNTARY ADMISSION. — 130
204+ (b) A receiving facility shall give prompt notice of the 131
205+whereabouts of an individual who is being involuntarily held for 132
206+examination to the individual's guardian, guardian advocate, 133
207+health care surrogate or proxy, attorney or representative, or 134
208+other emergency contact identified through electronic databases 135
209+pursuant to s. 394.463(2)(a) by telephone or in person within 24 136
210+hours after the individual's arrival at the facility. Contact 137
211+attempts shall be documented in the individual's clinical record 138
212+and shall begin as soon as reasonably possible after the 139
213+individual's arrival. 140
214+ Section 3. Paragraph (a) of subsection (2) of section 141
215+394.4615, Florida Statutes, is amended to read: 142
216+ 394.4615 Clinical records; confidentiality. — 143
217+ (2) The clinical record shall be released when: 144
218+ (a) The patient or the patient's guardian authorizes the 145
219+release. The guardian or guardian advocate shall be provided 146
220+access to the appropriate clinical records of the patient. The 147
221+patient or the patient's guardian or guardian advocate may 148
222+authorize the release of information and clinical records to 149
223+appropriate persons to ensure the continuity of the patient's 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236-whereabouts of an individual who is being involuntarily held for 151
237-examination to the individual's guardia n, guardian advocate, 152
238-health care surrogate or proxy, attorney or representative, or 153
239-other emergency contact identified through electronic databases 154
240-pursuant to s. 394.463(2)(a) by telephone or in person within 24 155
241-hours after the individual's arrival at th e facility. Contact 156
242-attempts shall be documented in the individual's clinical record 157
243-and shall begin as soon as reasonably possible after the 158
244-individual's arrival. 159
245- Section 4. Paragraph (a) of subsection (2) of section 160
246-394.4615, Florida Statutes, is ame nded to read: 161
247- 394.4615 Clinical records; confidentiality. — 162
248- (2) The clinical record shall be released when: 163
249- (a) The patient or the patient's guardian authorizes the 164
250-release. The guardian or guardian advocate shall be provided 165
251-access to the appropriate clinical records of the patient. The 166
252-patient or the patient's guardian or guardian advocate may 167
253-authorize the release of information and clinical records to 168
254-appropriate persons to ensure the continuity of the patient's 169
255-health care or mental health care. A receiving facility must 170
256-document that, within 24 hours after admission, an individual 171
257-admitted on a voluntary basis has been provided with the option 172
258-to authorize the release of information from his or her clinical 173
259-record to the individual's health care s urrogate or proxy, 174
260-attorney, representative, or other known emergency contact. 175
236+health care or mental health care. A receiving facility must 151
237+document that, within 24 hours after admission, an individual 152
238+admitted on a voluntary basis has been provided with the option 153
239+to authorize the release of information from his or her clinical 154
240+record to the individual's health care surrogate or proxy, 155
241+attorney, representative, or other known emergency contact. 156
242+ Section 4. Paragraphs (a), (e), (f), and (g) of subsection 157
243+(2) of section 394.463, Florida Statutes, are amended, and 158
244+subsection (5) is added to that section, to read: 159
245+ 394.463 Involuntary examination. — 160
246+ (2) INVOLUNTARY EXAMINATION. — 161
247+ (a) An involuntary examinati on may be initiated by any one 162
248+of the following means: 163
249+ 1. A circuit or county court may enter an ex parte order 164
250+stating that a person appears to meet the criteria for 165
251+involuntary examination and specifying the findings on which 166
252+that conclusion is based. The ex parte order for involuntary 167
253+examination must be based on written or oral sworn testimony 168
254+that includes specific facts that support the findings. If other 169
255+less restrictive means are not available, such as voluntary 170
256+appearance for outpatient evaluatio n, a law enforcement officer, 171
257+or other designated agent of the court, shall take the person 172
258+into custody and deliver him or her to an appropriate, or the 173
259+nearest, facility within the designated receiving system 174
260+pursuant to s. 394.462 for involuntary examin ation. The order of 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273- Section 5. Paragraphs (a), (e), (f), and (g) of subsection 176
274-(2) of section 394.463, Florida Statutes, are amended, and 177
275-subsection (5) is added to that section, to read: 178
276- 394.463 Involuntary examination. — 179
277- (2) INVOLUNTARY EXAMINATION. — 180
278- (a) An involuntary examination may be initiated by any one 181
279-of the following means: 182
280- 1. A circuit or county court may enter an ex parte order 183
281-stating that a person appears to meet the criteri a for 184
282-involuntary examination and specifying the findings on which 185
283-that conclusion is based. The ex parte order for involuntary 186
284-examination must be based on written or oral sworn testimony 187
285-that includes specific facts that support the findings. If other 188
286-less restrictive means are not available, such as voluntary 189
287-appearance for outpatient evaluation, a law enforcement officer, 190
288-or other designated agent of the court, shall take the person 191
289-into custody and deliver him or her to an appropriate, or the 192
290-nearest, facility within the designated receiving system 193
291-pursuant to s. 394.462 for involuntary examination. The order of 194
292-the court shall be made a part of the patient's clinical record. 195
293-A fee may not be charged for the filing of an order under this 196
294-subsection. A facility accepting the patient based on this order 197
295-must send a copy of the order to the department within 5 working 198
296-days. The order may be submitted electronically through existing 199
297-data systems, if available. The order shall be valid only until 200
273+the court shall be made a part of the patient's clinical record. 176
274+A fee may not be charged for the filing of an order under this 177
275+subsection. A facility accepting the patient based on this order 178
276+must send a copy of the order to the depart ment within 5 working 179
277+days. The order may be submitted electronically through existing 180
278+data systems, if available. The order shall be valid only until 181
279+the person is delivered to the facility or for the period 182
280+specified in the order itself, whichever comes first. If a time 183
281+limit is not specified in the order, the order is valid for 7 184
282+days after the date that the order was signed. 185
283+ 2. A law enforcement officer shall take a person who 186
284+appears to meet the criteria for involuntary examination into 187
285+custody and deliver the person or have him or her delivered to 188
286+an appropriate, or the nearest, facility within the designated 189
287+receiving system pursuant to s. 394.462 for examination. The 190
288+officer shall execute a written report detailing the 191
289+circumstances under which the person was taken into custody, 192
290+which must be made a part of the patient's clinical record. The 193
291+report must include all emergency contact information for the 194
292+person that is readily accessible to the law enforcement 195
293+officer, including information available through electronic 196
294+databases maintained by the Department of Law Enforcement or by 197
295+the Department of Highway Safety and Motor Vehicles. Such 198
296+emergency contact information may be used by a receiving 199
297+facility only for the purpose of informing listed emergenc y 200
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310-the person is delivered to the facility or for the period 201
311-specified in the order itself, whichever comes first. If a time 202
312-limit is not specified in the order, the order is valid for 7 203
313-days after the date that the order was signed. 204
314- 2. A law enforcement officer shall take a person who 205
315-appears to meet the criteria for involuntary examination into 206
316-custody and deliver the person or have him or her delivered to 207
317-an appropriate, or the nearest, facility within the designated 208
318-receiving system pursuant to s. 394.462 for examin ation. The 209
319-officer shall execute a written report detailing the 210
320-circumstances under which the person was taken into custody, 211
321-which must be made a part of the patient's clinical record. The 212
322-report must include all emergency contact information for the 213
323-person that is readily accessible to the law enforcement 214
324-officer, including information available through electronic 215
325-databases maintained by the Department of Law Enforcement or by 216
326-the Department of Highway Safety and Motor Vehicles. Such 217
327-emergency contact info rmation may be used by a receiving 218
328-facility only for the purpose of informing listed emergency 219
329-contacts of a patient's whereabouts pursuant to s. 220
330-119.0712(2)(d). Any facility accepting the patient based on this 221
331-report must send a copy of the report to the department within 5 222
332-working days. 223
333- 3. A physician, a physician assistant, a clinical 224
334-psychologist, a psychiatric nurse, an advanced practice 225
310+contacts of a patient's whereabouts and shall otherwise remain 201
311+confidential and exempt pursuant to s. 119.0712(2)(d). Any 202
312+facility accepting the patient based on this report must send a 203
313+copy of the report to the department within 5 working days. 204
314+ 3. A physician, a physician assistant, a clinical 205
315+psychologist, a psychiatric nurse, an advanced practice 206
316+registered nurse registered under s. 464.0123, a mental health 207
317+counselor, a marriage and family therapist, or a clinical social 208
318+worker may execute a certifi cate stating that he or she has 209
319+examined a person within the preceding 48 hours and finds that 210
320+the person appears to meet the criteria for involuntary 211
321+examination and stating the observations upon which that 212
322+conclusion is based. If other less restrictive m eans, such as 213
323+voluntary appearance for outpatient evaluation, are not 214
324+available, a law enforcement officer shall take into custody the 215
325+person named in the certificate and deliver him or her to the 216
326+appropriate, or nearest, facility within the designated 217
327+receiving system pursuant to s. 394.462 for involuntary 218
328+examination. The law enforcement officer shall execute a written 219
329+report detailing the circumstances under which the person was 220
330+taken into custody. The report must include all emergency 221
331+contact information for the person that is readily accessible to 222
332+the law enforcement officer, including information available 223
333+through electronic databases maintained by the Department of Law 224
334+Enforcement or by the Department of Highway Safety and Motor 225
335335
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
344344
345345
346346
347-registered nurse registered under s. 464.0123, a mental health 226
348-counselor, a marriage and family therapist, or a cl inical social 227
349-worker may execute a certificate stating that he or she has 228
350-examined a person within the preceding 48 hours and finds that 229
351-the person appears to meet the criteria for involuntary 230
352-examination and stating the observations upon which that 231
353-conclusion is based. If other less restrictive means, such as 232
354-voluntary appearance for outpatient evaluation, are not 233
355-available, a law enforcement officer shall take into custody the 234
356-person named in the certificate and deliver him or her to the 235
357-appropriate, or nearest, facility within the designated 236
358-receiving system pursuant to s. 394.462 for involuntary 237
359-examination. The law enforcement officer shall execute a written 238
360-report detailing the circumstances under which the person was 239
361-taken into custody. The report must include all emergency 240
362-contact information for the person that is readily accessible to 241
363-the law enforcement officer, including information available 242
364-through electronic databases maintained by the Department of Law 243
365-Enforcement or by the Department of Highw ay Safety and Motor 244
366-Vehicles. Such emergency contact information may be used by a 245
367-receiving facility only for the purpose of informing listed 246
368-emergency contacts of a patient's whereabouts pursuant to s. 247
369-119.0712(2)(d). The report and certificate shall be m ade a part 248
370-of the patient's clinical record. Any facility accepting the 249
371-patient based on this certificate must send a copy of the 250
347+Vehicles. Such emergency contact information may be used by a 226
348+receiving facility only for the purpose of informing listed 227
349+emergency contacts of a patient's whereabouts and shall 228
350+otherwise remain confidential and exempt pursuant to s. 229
351+119.0712(2)(d). The report and certificate s hall be made a part 230
352+of the patient's clinical record. Any facility accepting the 231
353+patient based on this certificate must send a copy of the 232
354+certificate to the department within 5 working days. The 233
355+document may be submitted electronically through existing da ta 234
356+systems, if applicable. 235
357+ 236
358+When sending the order, report, or certificate to the 237
359+department, a facility shall, at a minimum, provide information 238
360+about which action was taken regarding the patient under 239
361+paragraph (g), which information shall also be made a part of 240
362+the patient's clinical record. 241
363+ (e) The department shall receive and maintain the copies 242
364+of ex parte orders, involuntary outpatient services orders 243
365+issued pursuant to s. 394.4655, involuntary inpatient placement 244
366+orders issued pursuant to s. 394.4 67, professional certificates, 245
367+and law enforcement officers' reports , and reports relating to 246
368+the transportation of patients . These documents shall be 247
369+considered part of the clinical record, governed by the 248
370+provisions of s. 394.4615. These documents shall be used to 249
371+prepare annual reports analyzing the data obtained from these 250
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380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384-certificate to the department within 5 working days. The 251
385-document may be submitted electronically through existing data 252
386-systems, if applicable. 253
387- 254
388-When sending the order, report, or certificate to the 255
389-department, a facility shall, at a minimum, provide information 256
390-about which action was taken regarding the patient under 257
391-paragraph (g), which information shall also be made a part of 258
392-the patient's clinical record. 259
393- (e) The department shall receive and maintain the copies 260
394-of ex parte orders, involuntary outpatient services orders 261
395-issued pursuant to s. 394.4655, involuntary inpatient placement 262
396-orders issued pursuant to s. 394.467, profe ssional certificates, 263
397-and law enforcement officers' reports , and reports relating to 264
398-the transportation of patients . These documents shall be 265
399-considered part of the clinical record, governed by the 266
400-provisions of s. 394.4615. These documents shall be used t o 267
401-prepare annual reports analyzing the data obtained from these 268
402-documents, without information identifying patients, and shall 269
403-provide copies of reports to the department, the President of 270
404-the Senate, the Speaker of the House of Representatives, and the 271
405-minority leaders of the Senate and the House of Representatives. 272
406- (f) A patient shall be examined by a physician or a 273
407-clinical psychologist, or by a psychiatric nurse performing 274
408-within the framework of an established protocol with a 275
384+documents, without information identifying patients, and shall 251
385+provide copies of reports to the department, the President of 252
386+the Senate, the Speaker of the House of Representatives, a nd the 253
387+minority leaders of the Senate and the House of Representatives. 254
388+ (f) A patient shall be examined by a physician or a 255
389+clinical psychologist, or by a psychiatric nurse performing 256
390+within the framework of an established protocol with a 257
391+psychiatrist at a facility without unnecessary delay to 258
392+determine if the criteria for involuntary services are met. 259
393+Emergency treatment may be provided upon the order of a 260
394+physician if the physician determines that such treatment is 261
395+necessary for the safety of the patien t or others. The patient 262
396+may not be released by the receiving facility or its contractor 263
397+without the documented approval of a psychiatrist or a clinical 264
398+psychologist or, if the receiving facility is owned or operated 265
399+by a hospital, or health system, or nationally accredited 266
400+community mental health center, the release may also be approved 267
401+by a psychiatric nurse performing within the framework of an 268
402+established protocol with a psychiatrist, or an attending 269
403+emergency department physician with experience in the diagnosis 270
404+and treatment of mental illness after completion of an 271
405+involuntary examination pursuant to this subsection. A 272
406+psychiatric nurse may not approve the release of a patient if 273
407+the involuntary examination was initiated by a psychiatrist 274
408+unless the release is approved by the initiating psychiatrist. 275
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421-psychiatrist at a facili ty without unnecessary delay to 276
422-determine if the criteria for involuntary services are met. 277
423-Emergency treatment may be provided upon the order of a 278
424-physician if the physician determines that such treatment is 279
425-necessary for the safety of the patient or othe rs. The patient 280
426-may not be released by the receiving facility or its contractor 281
427-without the documented approval of a psychiatrist or a clinical 282
428-psychologist or, if the receiving facility is owned or operated 283
429-by a hospital, or health system, or nationally accredited 284
430-community mental health center, the release may also be approved 285
431-by a psychiatric nurse performing within the framework of an 286
432-established protocol with a psychiatrist, or an attending 287
433-emergency department physician with experience in the diagnosi s 288
434-and treatment of mental illness after completion of an 289
435-involuntary examination pursuant to this subsection. A 290
436-psychiatric nurse may not approve the release of a patient if 291
437-the involuntary examination was initiated by a psychiatrist 292
438-unless the release is approved by the initiating psychiatrist. 293
439- (g) The examination period must be for up to 72 hours. For 294
440-a minor, the examination shall be initiated within 12 hours 295
441-after the patient's arrival at the facility. Within the 296
442-examination period or, if the examination period ends on a 297
443-weekend or holiday, no later than the next working day 298
444-thereafter, one of the following actions must be taken, based on 299
445-the individual needs of the patient: 300
421+ (g) The examination period must be for up to 72 hours. For 276
422+a minor, the examination shall be initiated within 12 hours 277
423+after the patient's arrival at the facility. Within the 278
424+examination period or, if the examination period ends on a 279
425+weekend or holiday, no later than the next working day 280
426+thereafter, one of the following actions must be taken, based on 281
427+the individual needs of the patient: 282
428+ 1. The patient shall be released, unless he or she is 283
429+charged with a crime, in which case the patient shall be 284
430+returned to the custody of a law enforcement officer; 285
431+ 2. The patient shall be released, subject to subparagraph 286
432+1., for voluntary outpatient treatment; 287
433+ 3. The patient, unless he or she is charged with a crime , 288
434+shall be asked to give express and informed consent to placement 289
435+as a voluntary patient and, if such consent is given, the 290
436+patient shall be admitted as a voluntary patient; or 291
437+ 4. A petition for involuntary services shall be filed in 292
438+the circuit court if inpatient treatment is deemed necessary or 293
439+with the criminal county court, as defined in s. 394.4655(1), as 294
440+applicable. When inpatient treatment is deemed necessary, the 295
441+least restrictive treatment consistent with the optimum 296
442+improvement of the patient's condition shall be made available. 297
443+When a petition is to be filed for involuntary outpatient 298
444+placement, it shall be filed by one of the petitioners specified 299
445+in s. 394.4655(4)(a). A petition for involuntary inpatient 300
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454454 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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457457
458- 1. The patient shall be released, unless he or she is 301
459-charged with a crime, in which case the patient shall be 302
460-returned to the custody of a law enforcement officer; 303
461- 2. The patient shall be released, subject to subparagraph 304
462-1., for voluntary outpatient treatment; 305
463- 3. The patient, unless he or she is charged with a crime, 306
464-shall be asked to give express and informed consent to placement 307
465-as a voluntary patient and, if such consent is given, the 308
466-patient shall be admitted as a voluntary patient; or 309
467- 4. A petition for involuntary services shall be filed in 310
468-the circuit court if inpatient treatment is deemed necessary or 311
469-with the criminal county court, as defined in s. 394.4655(1), as 312
470-applicable. When inpatient treatment is deemed necessary, the 313
471-least restrictive treatment consistent with the optimum 314
472-improvement of the patient's condition shall be made available. 315
473-When a petition is to be filed for involuntary outpatient 316
474-placement, it shall be filed by one of the petitioners specified 317
475-in s. 394.4655(4)(a) . A petition for involuntary inpatient 318
476-placement shall be filed by the facility administrator. If a 319
477-patient's 72-hour examination period ends on a weekend or 320
478-holiday, and the receiving facility: 321
479- a. Intends to file a petition for involuntary services, 322
480-such patient may be held at the receiving facility through the 323
481-next working day thereafter and such petition for involuntary 324
482-services must be filed no later than such date. If the receiving 325
458+placement shall be filed by the facili ty administrator. If a 301
459+patient's 72-hour examination period ends on a weekend or 302
460+holiday, and the receiving facility: 303
461+ a. Intends to file a petition for involuntary services, 304
462+such patient may be held at the receiving facility through the 305
463+next working day thereafter and such petition for involuntary 306
464+services must be filed no later than such date. If the receiving 307
465+facility fails to file a petition for involuntary services at 308
466+the close of the next working day, the patient shall be released 309
467+from the receiving facility. 310
468+ b. Does not intend to file a petition for involuntary 311
469+services, the receiving facility may postpone release of such 312
470+patient until the next working day thereafter only if a 313
471+qualified professional documents that adequate discharge 314
472+planning and procedures in accordance with s. 394.468 are not 315
473+possible until the next working day. 316
474+ (5) UNLAWFUL ACTIVITIES RELATING TO EXAMINATION AND 317
475+TREATMENT; PENALTIES. — 318
476+ (a) A person may not knowingly and willfully: 319
477+ 1. Furnish false information for the purpose of obtaining 320
478+emergency or other involuntary admission of another person; or 321
479+ 2. Cause or otherwise secure, or conspire with or assist 322
480+another person to cause or secure, any emergency or other 323
481+involuntary procedure of another person under false pretenses. 324
482+ (b) A person who violates this subsection commits a 325
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491491 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
492492
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495-facility fails to file a petition for involuntary services at 326
496-the close of the next working day, the patient shall be released 327
497-from the receiving facility. 328
498- b. Does not intend to file a petition for involuntary 329
499-services, the receiving facility may postpone release of such 330
500-patient until the next working day thereafter only if a 331
501-qualified professional documents that adequate discharge 332
502-planning and procedures in accordance with s. 394.468 are not 333
503-possible until the next working day. 334
504- (5) UNLAWFUL ACTIVITIES RELATING TO EXAMINATION AND 335
505-TREATMENT; PENALTIES. — 336
506- (a) A person may not knowingly and willfully: 337
507- 1. Furnish false information for the purpose of obtaining 338
508-emergency or other involuntary admission of another person; or 339
509- 2. Cause or otherwise secure, or conspire with or assist 340
510-another person to cause or secure, any emergency or other 341
511-involuntary procedure of another person under false pretenses. 342
512- 3. Cause, or conspire with or assist another to cause, 343
513-without lawful justification, the denial to any person of any 344
514-right accorded pursuant to this chapter. 345
515- (b) A person who violates this subsection commits a 346
516-misdemeanor of the first degree, punishable as provided in s. 347
517-775.082 and by a fine not exceeding $5,000. 348
518- Section 6. Section 394.468, Florida Statutes, is am ended 349
519-to read: 350
495+misdemeanor of the first degree, punishable as provided in s. 326
496+775.082 and by a fine not exceeding $5,000. 327
497+ Section 5. Section 394.468, Florida Statutes, is amended 328
498+to read: 329
499+ 394.468 Admission and discharge procedures. — 330
500+ (1) Admission and discharge procedures and treatment 331
501+policies of the department are governed solely by this part. 332
502+Such procedures and policies shall not be subject to control by 333
503+court procedure rules. The matters within the purview of this 334
504+part are deemed to be substantive, not procedural. 335
505+ (2) Discharge planning and procedures for any patient's 336
506+release from a receiving facility or treatment facility must 337
507+include and document consideration of, at a minimum: 338
508+ (a) Followup behaviora l health appointments; 339
509+ (b) Information on how to obtain prescribed medications; 340
510+and 341
511+ (c) Information pertaining to: 342
512+ 1. Available living arrangements; 343
513+ 2. Transportation; and 344
514+ 3. Recovery support opportunities. 345
515+ Section 6. Paragraph (c) of subsect ion (3) and subsection 346
516+(5) of section 394.9086, Florida Statutes, are amended, and 347
517+paragraphs (d) and (e) are added to subsection (3) of that 348
518+section, to read: 349
519+ 394.9086 Commission on Mental Health and Substance Abuse. — 350
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528528 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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532- 394.468 Admission and discharge procedures. — 351
533- (1) Admission and discharge procedures and treatment 352
534-policies of the department are governed solely by this part. 353
535-Such procedures and policies shall not be subject to control by 354
536-court procedure rules. The matters within the purview of this 355
537-part are deemed to be substantive, not procedural. 356
538- (2) Discharge planning and procedures for any patient's 357
539-release from a receiving facility or treatment facility must 358
540-include and document consideration of, at a minimum: 359
541- (a) Followup behavioral health appointments; 360
542- (b) Information on how to obtain prescribed medications; 361
543-and 362
544- (c) Information pertaining to: 363
545- 1. Available living arrangements; 364
546- 2. Transportation; and 365
547- 3. Recovery support opportunities. 366
548- Section 7. Paragraph (c) of subsection (3) and subsection 367
549-(5) of section 394.9086, Florida Statutes, are amended, and 368
550-paragraphs (d) and (e) are added to subsection (3) of that 369
551-section, to read: 370
552- 394.9086 Commission on Mental Health and Substance Abus e.— 371
553- (3) MEMBERSHIP; TERM LIMITS; MEETINGS. — 372
554- (c) The commission shall convene no later than September 373
555-1, 2021. The commission shall meet quarterly or upon the call of 374
556-the chair. The commission may shall hold its meetings in person 375
532+ (3) MEMBERSHIP; TERM LIMITS; MEET INGS.— 351
533+ (c) The commission shall convene no later than September 352
534+1, 2021. The commission shall meet quarterly or upon the call of 353
535+the chair. The commission may shall hold its meetings in person 354
536+at locations throughout the state or via teleconference or ot her 355
537+electronic means. 356
538+ (d) Members of the commission are entitled to receive 357
539+reimbursement for per diem and travel expenses pursuant to s. 358
540+112.061. 359
541+ (e) Notwithstanding any other law, the commission may 360
542+request and shall be provided with access to any in formation or 361
543+records, including exempt or confidential and exempt information 362
544+or records, which are necessary for the commission to carry out 363
545+its duties. Information or records obtained by the commission 364
546+which are otherwise exempt or confidential and exemp t shall 365
547+retain such exempt or confidential and exempt status, and the 366
548+commission may not disclose any such information or records. 367
549+ (5) REPORTS.—By January 1, 2023 September 1, 2022, the 368
550+commission shall submit an interim report to the President of 369
551+the Senate, the Speaker of the House of Representatives, and the 370
552+Governor containing its findings and recommendations on how to 371
553+best provide and facilitate mental health and substance abuse 372
554+services in the state. The commission shall submit its final 373
555+report to the President of the Senate, the Speaker of the House 374
556+of Representatives, and the Governor by September 1, 2023. 375
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569-at locations throughou t the state or via teleconference or other 376
570-electronic means. 377
571- (d) Members of the commission are entitled to receive 378
572-reimbursement for per diem and travel expenses pursuant to s. 379
573-112.061. 380
574- (e) Notwithstanding any other law, the commission may 381
575-request and shall be provided with access to any information or 382
576-records, including exempt or confidential and exempt information 383
577-or records, which are necessary for the commission to carry out 384
578-its duties. Information or records obtained by the commission 385
579-which are otherwise exempt or confidential and exempt shall 386
580-retain such exempt or confidential and exempt status, and the 387
581-commission may not disclose any such information or records. 388
582- (5) REPORTS.—By January 1, 2023 September 1, 2022, the 389
583-commission shall submit an in terim report to the President of 390
584-the Senate, the Speaker of the House of Representatives, and the 391
585-Governor containing its findings and recommendations on how to 392
586-best provide and facilitate mental health and substance abuse 393
587-services in the state. The commis sion shall submit its final 394
588-report to the President of the Senate, the Speaker of the House 395
589-of Representatives, and the Governor by September 1, 2023. 396
590- Section 8. Subsection (5) is added to section 397.601, 397
591-Florida Statutes, to read: 398
592- 397.601 Voluntary admissions.— 399
593- (5) A service provider must document that, within 24 hours 400
569+ Section 7. Subsection (5) is added to section 397.601, 376
570+Florida Statutes, to read: 377
571+ 397.601 Voluntary admissions. — 378
572+ (5) A service provider must document that, within 24 hours 379
573+after admission, an individual admitted on a voluntary basis has 380
574+been provided with the option to authorize the release of 381
575+information from his or her clinical record to the individual's 382
576+health care surrogate or proxy, a ttorney, representative, or 383
577+other known emergency contact. 384
578+ Section 8. Section 397.6772, Florida Statutes, is amended 385
579+to read: 386
580+ 397.6772 Protective custody without consent. — 387
581+ (1) If a person in circumstances which justify protective 388
582+custody as described in s. 397.677 fails or refuses to consent 389
583+to assistance and a law enforcement officer has determined that 390
584+a hospital or a licensed detoxification or addictions receiving 391
585+facility is the most appropriate place for the person, the 392
586+officer may, after givin g due consideration to the expressed 393
587+wishes of the person: 394
588+ (a) Take the person to a hospital or to a licensed 395
589+detoxification or addictions receiving facility against the 396
590+person's will but without using unreasonable force. The officer 397
591+shall use the standa rd form developed by the department pursuant 398
592+to s. 397.321 to execute a written report detailing the 399
593+circumstances under which the person was taken into custody. The 400
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602602 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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606-after admission, an individual admitted on a voluntary basis has 401
607-been provided with the option to authorize the release of 402
608-information from his or her clinical record to the individual's 403
609-health care surrogate or proxy, attorney, representative, or 404
610-other known emergency contact. 405
611- Section 9. Section 397.6772, Florida Statutes, is amended 406
612-to read: 407
613- 397.6772 Protective custody without consent. — 408
614- (1) If a person in circumstanc es which justify protective 409
615-custody as described in s. 397.677 fails or refuses to consent 410
616-to assistance and a law enforcement officer has determined that 411
617-a hospital or a licensed detoxification or addictions receiving 412
618-facility is the most appropriate plac e for the person, the 413
619-officer may, after giving due consideration to the expressed 414
620-wishes of the person: 415
621- (a) Take the person to a hospital or to a licensed 416
622-detoxification or addictions receiving facility against the 417
623-person's will but without using unreas onable force. The officer 418
624-shall use the standard form developed by the department pursuant 419
625-to s. 397.321 to execute a written report detailing the 420
626-circumstances under which the person was taken into custody. The 421
627-report must include all emergency contact information for the 422
628-person that is readily accessible to the law enforcement 423
629-officer, including information available through electronic 424
630-databases maintained by the Department of Law Enforcement or by 425
606+report must include all emergency contact information for the 401
607+person that is readily acces sible to the law enforcement 402
608+officer, including information available through electronic 403
609+databases maintained by the Department of Law Enforcement or by 404
610+the Department of Highway Safety and Motor Vehicles. Such 405
611+emergency contact information may be used by a hospital or 406
612+licensed detoxification or addictions receiving facility only 407
613+for the purpose of informing listed emergency contacts of a 408
614+patient's whereabouts and shall otherwise remain confidential 409
615+and exempt pursuant to s. 119.0712(2)(d). The written report 410
616+shall be included in the patient's clinical record; or 411
617+ (b) In the case of an adult, detain the person for his or 412
618+her own protection in any municipal or county jail or other 413
619+appropriate detention facility. 414
620+ 415
621+Such detention is not to be considered an arr est for any 416
622+purpose, and no entry or other record may be made to indicate 417
623+that the person has been detained or charged with any crime. The 418
624+officer in charge of the detention facility must notify the 419
625+nearest appropriate licensed service provider within the first 8 420
626+hours after detention that the person has been detained. It is 421
627+the duty of the detention facility to arrange, as necessary, for 422
628+transportation of the person to an appropriate licensed service 423
629+provider with an available bed. Persons taken into prote ctive 424
630+custody must be assessed by the attending physician within the 425
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643-the Department of Highway Safety and Motor Vehicles. Such 426
644-emergency contact information may be used by a hospital or 427
645-licensed detoxification or addictions receiving facility only 428
646-for the purpose of informing listed emergency contacts of a 429
647-patient's whereabouts purs uant to s. 119.0712(2)(d). The written 430
648-report shall be included in the patient's clinical record; or 431
649- (b) In the case of an adult, detain the person for his or 432
650-her own protection in any municipal or county jail or other 433
651-appropriate detention facility. 434
652- 435
653-Such detention is not to be considered an arrest for any 436
654-purpose, and no entry or other record may be made to indicate 437
655-that the person has been detained or charged with any crime. The 438
656-officer in charge of the detention facility must notify the 439
657-nearest appropriate licensed service provider within the first 8 440
658-hours after detention that the person has been detained. It is 441
659-the duty of the detention facility to arrange, as necessary, for 442
660-transportation of the person to an appropriate licensed service 443
661-provider with an available bed. Persons taken into protective 444
662-custody must be assessed by the attending physician within the 445
663-72-hour period and without unnecessary delay, to determine the 446
664-need for further services. 447
665- (2) The law enforcement officer must notify the nearest 448
666-relative of a minor in protective custody and must be notified 449
667-by the law enforcement officer, as must notify the nearest 450
668-
669-CS/CS/HB 1277 2022
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671-
672-
673-CODING: Words stricken are deletions; words underlined are additions.
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676-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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678-
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680-relative or other known emergency contact of an adult, unless 451
681-the adult requests that there be no notification. The law 452
682-enforcement officer must document such notification, and any 453
683-attempts at such notification, in the written report detailing 454
684-the circumstances under which the person was taken into custody 455
685-as required under paragraph (1)(a). 456
686- Section 10. This act shall take effect July 1, 2022. 457
643+72-hour period and without unnecessary delay, to determine the 426
644+need for further services. 427
645+ (2) The law enforcement officer must notify the nearest 428
646+relative of a minor in protective custody and must be notified 429
647+by the law enforcement officer, as must notify the nearest 430
648+relative or other known emergency contact of an adult, unless 431
649+the adult requests that there be no notification. The law 432
650+enforcement officer must document such notification, and any 433
651+attempts at such notification, in the written report detailing 434
652+the circumstances under which the person was taken into custody 435
653+as required under paragraph (1)(a). 436
654+ Section 9. This act shall ta ke effect July 1, 2022. 437