Florida 2022 Regular Session

Florida House Bill H1277 Latest Draft

Bill / Comm Sub Version Filed 02/24/2022

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