Florida Mental Health Act, Ch 394 (7) Flashcards
Baker Act
Florida Mental Health Act, informally called Baker Act
Baker Act / Florida Mental Health Act is for..
- Involuntary commitment
-The person is mentally ill - Refuses a voluntary mental health evaluation or doesn’t understand why one would be necessary.
- Threat to themself or others, or incapable of caring for themself
- needs expert evaluation
Incapacitated definition
Incapacitated means that a person has been adjudicated incapacitated pursuant to part V
of chapter 744 and a guardian of the person has been appointed.
Incompetent to consent to treatment definition
“Incompetent to consent to treatment” means a state in which a person’s judgment is so
affected by a mental illness or a substance abuse impairment that he or she lacks the capacity to make a well-reasoned, willful, and knowing decision concerning his or her medical, mental health, or substance abuse treatment.
Mental health overlay program
mobile services
no-wrong-door models
a model for the delivery of acute care services to persons who have mental health or substance use disorders, or both, which optimizes access to care, regardless of the entry point to the behavioral health care system
Involuntary inpatients rights
- Not more than 5 days after admission to a facility, each patient shall have and receive an
individualized treatment plan in writing which the patient has had an opportunity to assist in
preparing and to review prior to its implementation - informed consent from patient, or, if incapacitated or incompetent, guardian’s consent
- must allow patient contact with outsiders, including access to a telephone
- must allow access to family members, guardian
- if patient is restricted, must be reviewed every 7 days
- may question by writ of habeas corpus the reason for involuntary commitment: patient, a relative, friend, guardian, guardian advocate, representative, or attorney, or the department
- may file a petition in circuit court challenging commitment
Voluntary Patients
At the time a patient is voluntarily admitted to a receiving or treatment facility, the identity and contact information of a person to be notified in case of an emergency shall be entered in the patient’s clinical record
For Involuntary Patients 1)what must be in the clinical record and 2) where must the paper work be filed?
- Clinical record to include: the names, addresses, and telephone numbers of the patient’s GUARDIAN or guardian ADVOCATE , or representative if the patient has no guardian, and the patient’s attorney
- filed in circuit court
If no guardian for involuntary patient…the facility can assign who (in order of preference)
Facility may assign by preference order:
a) health care surrogate
b) spouse
c) adult child
d) parent
e) adult next of kin
f) adult friend
Guardian Advocate
- maintains legal authority to make decisions if patient unable to consent to treatment
- for purposes of adjudication
- if patient is indigent, public defender assigned
- order of preference:
(a) The patient’s spouse.
(b) An adult child of the patient.
(c) A parent of the patient.
(d) The adult next of kin of the patient.
(e) An adult friend of the patient.
(f) An adult trained and willing to serve as guardian advocate for the patient - may NOT consent to:
(a) Abortion.
(b) Sterilization.
(c) Electroconvulsive treatment.
(d) Psychosurgery.
(e) Experimental treatments that have not been approved by a federally approved irb
-guardian advocate is discharged when patient no longer involuntarily committed
Notice of Admission to Facility
- Voluntary: only by the patient
- Involuntary: notice must be given to patient, guardian, guardian advocate, health care surrogate or proxy, attorney, and representative
- orally and in writing, interpreter if needed
- notice of involuntary admission must be given within 24 hours
- if a minor is involuntarily admitted, try to give notice every hour for 12 hours, then 1x every 24 hrs
- 72-hour examination
For Involuntary Outpatient Treatment what 3 things must be done and what is the person entitled if they choose ?
1) must file in circuit or criminal court
2) assigned public defender if needed
3)facility must notify within 1 working day of admission
- entitled to independent expert opinion
Release of Information from Clinical Record for Involuntary patients is allowed to whom, or for what reasons?
- DUTY TO WARN: If threat of harm to identifiable person, patient has intent and means,
- administrator may release info as needed
- to a researcher if identity is protected
- aftercare treatment provider,
- employee or agent of Dept
Release of information for Involuntary Outpatients
- for purposes of determining if involuntary outpt services are needed
- may be released to state attny, public defender, patient’s private attny, the court, appropriate mental health providers