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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