Florida Senate - 2022 CS for SB 1844 By the Committee on Children, Families, and Elder Affairs; and Senator Bean 586-02593-22 20221844c1 1 A bill to be entitled 2 An act relating to mental health and substance abuse; 3 amending s. 394.4625, F.S.; requiring the express and 4 informed consent of a minors guardian for voluntary 5 admission of the minor to a receiving facility; 6 removing a requirement that a hearing be held to 7 verify the voluntariness of a minors consent before 8 his or her admission to a facility; amending s. 9 394.463, F.S.; requiring law enforcement officers 10 transporting individuals for involuntary treatment to 11 take certain actions; creating s. 397.341, F.S.; 12 requiring law enforcement officers transporting 13 individuals for treatment to take certain actions; 14 providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1.Paragraph (a) of subsection (1) of section 19 394.4625, Florida Statutes, is amended to read: 20 394.4625Voluntary admissions. 21 (1)AUTHORITY TO RECEIVE PATIENTS. 22 (a)A facility may receive for observation, diagnosis, or 23 treatment any person 18 years of age or older making application 24 to the facility by express and informed consent for admission or 25 any person age 17 years of age or younger under for whom such 26 application is made by his or her guardian. If found to show 27 evidence of mental illness;, to be competent to provide express 28 and informed consent or, for a minor, the express and informed 29 consent of the minors guardian;, and to be suitable for 30 treatment, such person 18 years of age or older may be admitted 31 to the facility. A person age 17 or under may be admitted only 32 after a hearing to verify the voluntariness of the consent. 33 Section 2.Paragraph (a) of subsection (2) of section 34 394.463, Florida Statutes, is amended to read: 35 394.463Involuntary examination. 36 (2)INVOLUNTARY EXAMINATION. 37 (a)An involuntary examination may be initiated by any one 38 of the following means: 39 1.A circuit or county court may enter an ex parte order 40 stating that a person appears to meet the criteria for 41 involuntary examination and specifying the findings on which 42 that conclusion is based. The ex parte order for involuntary 43 examination must be based on written or oral sworn testimony 44 that includes specific facts that support the findings. If other 45 less restrictive means are not available, such as voluntary 46 appearance for outpatient evaluation, a law enforcement officer, 47 or other designated agent of the court, shall take the person 48 into custody and deliver him or her to an appropriate, or the 49 nearest, facility within the designated receiving system 50 pursuant to s. 394.462 for involuntary examination. The order of 51 the court shall be made a part of the patients clinical record. 52 A fee may not be charged for the filing of an order under this 53 subsection. A facility accepting the patient based on this order 54 must send a copy of the order to the department within 5 working 55 days. The order may be submitted electronically through existing 56 data systems, if available. The order shall be valid only until 57 the person is delivered to the facility or for the period 58 specified in the order itself, whichever comes first. If a time 59 limit is not specified in the order, the order is valid for 7 60 days after the date that the order was signed. 61 2.A law enforcement officer may shall take a person who 62 appears to meet the criteria for involuntary examination into 63 custody and deliver the person or have him or her delivered to 64 an appropriate, or the nearest, facility within the designated 65 receiving system pursuant to s. 394.462 for examination. A law 66 enforcement officer transporting a person pursuant to this 67 subparagraph shall consider the persons mental and behavioral 68 state and restrain him or her in the least restrictive manner 69 necessary under the circumstances, especially if the person is a 70 minor. The officer shall execute a written report detailing the 71 circumstances under which the person was taken into custody, 72 which must be made a part of the patients clinical record. Any 73 facility accepting the patient based on this report must send a 74 copy of the report to the department within 5 working days. 75 3.A physician, a physician assistant, a clinical 76 psychologist, a psychiatric nurse, an advanced practice 77 registered nurse registered under s. 464.0123, a mental health 78 counselor, a marriage and family therapist, or a clinical social 79 worker may execute a certificate stating that he or she has 80 examined a person within the preceding 48 hours and finds that 81 the person appears to meet the criteria for involuntary 82 examination and stating the observations upon which that 83 conclusion is based. If other less restrictive means, such as 84 voluntary appearance for outpatient evaluation, are not 85 available, a law enforcement officer shall take into custody the 86 person named in the certificate and deliver him or her to the 87 appropriate, or nearest, facility within the designated 88 receiving system pursuant to s. 394.462 for involuntary 89 examination. The law enforcement officer shall execute a written 90 report detailing the circumstances under which the person was 91 taken into custody. The report and certificate shall be made a 92 part of the patients clinical record. Any facility accepting 93 the patient based on this certificate must send a copy of the 94 certificate to the department within 5 working days. The 95 document may be submitted electronically through existing data 96 systems, if applicable. 97 98 When sending the order, report, or certificate to the 99 department, a facility shall, at a minimum, provide information 100 about which action was taken regarding the patient under 101 paragraph (g), which information shall also be made a part of 102 the patients clinical record. 103 Section 3.Section 397.341, Florida Statutes, is created to 104 read: 105 397.341Transportation of individuals by law enforcement 106 officers.A law enforcement officer transporting an individual 107 pursuant to this chapter shall consider the persons mental and 108 behavioral state and restrain him or her in the least 109 restrictive manner necessary under the circumstances, especially 110 if the individual is a minor. 111 Section 4.This act shall take effect July 1, 2022.