Florida Statutes Part I - Florida Mental Health Act (Ss. 394.451-394.47891)

• 394.451 - Short Title.
  This part shall be known as “The Florida Mental Health Act” or “The Baker Act.”History.—s. 1, ch. 71-131.
• 394.453 - Legislative Intent.
  It is the intent of the Legislature to authorize and direct the Department of Children and Families to evaluate, research, plan, and recommend to the...
• 394.455 - Definitions.
  As used in this part, unless the context clearly requires otherwise, the term:(1) “Administrator” means the chief administrative officer of a receiving or treatment facility or...
• 394.457 - Operation And Administration.
  (1) ADMINISTRATION.—The Department of Children and Families is designated the “Mental Health Authority” of Florida. The department and the Agency for Health Care Administration shall exercise...
• 394.4572 - Screening Of Mental Health Personnel.
  (1)(a) The department and the Agency for Health Care Administration shall require level 2 background screening pursuant to chapter 435 for mental health personnel. “Mental health...
• 394.4573 - Continuity Of Care Management System; Measures Of Performance; Reports.
  (1) For the purposes of this section:(a) “Case management” means those activities aimed at assessing client needs, planning services, linking the service system to a client, coordinating...
• 394.4574 - Responsibilities For Coordination Of Services For A Mental Health Resident Who Resides In An Assisted Living Facility That Holds A Limited Mental Health License.
  (1) As used in this section, the term “mental health resident” means an individual who receives social security disability income due to a mental disorder as...
• 394.458 - Introduction Or Removal Of Certain Articles Unlawful; Penalty.
  (1)(a) Except as authorized by law or as specifically authorized by the person in charge of each hospital providing mental health services under this part, it...
• 394.459 - Rights Of Patients.
  (1) RIGHT TO INDIVIDUAL DIGNITY.—It is the policy of this state that the individual dignity of the patient shall be respected at all times and upon...
• 394.4593 - Sexual Misconduct Prohibited; Reporting Required; Penalties.
  (1) As used in this section, the term:(a) “Employee” includes any paid staff member, volunteer, or intern of the department; any person under contract with the department;...
• 394.4595 - Florida Statewide And Local Advocacy Councils; Access To Patients And Records.
  Any facility designated by the department as a receiving or treatment facility must allow access to any patient and the clinical and legal records of...
• 394.4597 - Persons To Be Notified; Patient’s Representative.
  (1) 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...
• 394.4598 - Guardian Advocate.
  (1) The administrator may petition the court for the appointment of a guardian advocate based upon the opinion of a psychiatrist that the patient is incompetent...
• 394.4599 - Notice.
  (1) VOLUNTARY ADMISSION.—Notice of an individual’s voluntary admission shall be given only at the request of the individual, except that, in an emergency, notice shall be...
• 394.460 - Rights Of Professionals.
  No professional referred to in this part shall be required to accept patients for treatment of mental, emotional, or behavioral disorders. Such participation shall be...
• 394.461 - Designation Of Receiving And Treatment Facilities.
  The department is authorized to designate and monitor receiving facilities and treatment facilities and may suspend or withdraw such designation for failure to comply with...
• 394.4612 - Integrated Adult Mental Health Crisis Stabilization And Addictions Receiving Facilities.
  (1) The Agency for Health Care Administration, in consultation with the Department of Children and Families, may license facilities that integrate services provided in an adult...
• 394.4615 - Clinical Records; Confidentiality.
  (1) A clinical record shall be maintained for each patient. The record shall include data pertaining to admission and such other information as may be required...
• 394.462 - Transportation.
  (1) TRANSPORTATION TO A RECEIVING FACILITY.—(a) Each county shall designate a single law enforcement agency within the county, or portions thereof, to take a person into custody...
• 394.4625 - Voluntary Admissions.
  (1) AUTHORITY TO RECEIVE PATIENTS.—(a) A facility may receive for observation, diagnosis, or treatment any person 18 years of age or older making application by express and...
• 394.463 - Involuntary Examination.
  (1) CRITERIA.—A person may be taken to a receiving facility for involuntary examination if there is reason to believe that the person has a mental illness...
• 394.4655 - Involuntary Outpatient Placement.
  (1) CRITERIA FOR INVOLUNTARY OUTPATIENT PLACEMENT.—A person may be ordered to involuntary outpatient placement upon a finding of the court that by clear and convincing evidence:(a) The...
• 394.467 - Involuntary Inpatient Placement.
  (1) CRITERIA.—A person may be placed in involuntary inpatient placement for treatment upon a finding of the court by clear and convincing evidence that:(a) He or she...
• 394.46715 - Rulemaking Authority.
  The Department of Children and Families shall have rulemaking authority to implement the provisions of ss. 394.455, 394.4598, 394.4615, 394.463, 394.4655, and 394.467 as amended...
• 394.4672 - Procedure For Placement Of Veteran With Federal Agency.
  (1) Whenever it is determined by the court that a person meets the criteria for involuntary placement and it appears that such person is eligible for...
• 394.4674 - Plan And Report.
  (1) The department is directed to develop a comprehensive plan for the deinstitutionalization of patients in a treatment facility who are over age 55 and do...
• 394.468 - Admission And Discharge Procedures.
  Admission and discharge procedures and treatment policies of the department are governed solely by this part. Such procedures and policies shall not be subject to...
• 394.4685 - Transfer Of Patients Among Facilities.
  (1) TRANSFER BETWEEN PUBLIC FACILITIES.—(a) A patient who has been admitted to a public receiving facility, or the family member, guardian, or guardian advocate of such patient,...
• 394.469 - Discharge Of Involuntary Patients.
  (1) POWER TO DISCHARGE.—At any time a patient is found to no longer meet the criteria for involuntary placement, the administrator shall:(a) Discharge the patient, unless the...
• 394.473 - Attorney’s Fee; Expert Witness Fee.
  (1) In the case of an indigent person for whom an attorney is appointed pursuant to the provisions of this part, the attorney shall be compensated...
• 394.475 - Acceptance, Examination, And Involuntary Placement Of Florida Residents From Out-of-state Mental Health Authorities.
  (1) Upon the request of the state mental health authority of another state, the department is authorized to accept as a patient, for a period of...
• 394.4781 - Residential Care For Psychotic And Emotionally Disturbed Children.
  (1) DEFINITIONS.—As used in this section:(a) “Psychotic or severely emotionally disturbed child” means a child so diagnosed by a psychiatrist or clinical psychologist who has specialty training...
• 394.4784 - Minors; Access To Outpatient Crisis Intervention Services And Treatment.
  For the purposes of this section, the disability of nonage is removed for any minor age 13 years or older to access services under the...
• 394.4785 - Children And Adolescents; Admission And Placement In Mental Facilities.
  (1) A child or adolescent as defined in s. 394.492 may not be admitted to a state-owned or state-operated mental health treatment facility. A child may...
• 394.4786 - Intent.
  (1) The Legislature intends that all hospitals, excluding hospitals owned and operated by the department or the Department of Corrections, be assessed on a continuing basis...
• 394.47865 - South Florida State Hospital; Privatization.
  (1) The Department of Children and Families shall, through a request for proposals, privatize South Florida State Hospital. The department shall plan to begin implementation of...
• 394.4787 - Definitions; Ss. 394.4786, 394.4787, 394.4788, And 394.4789.
  As used in this section and ss. 394.4786, 394.4788, and 394.4789:(1) “Acute mental health services” means mental health services provided through inpatient hospitalization.(2) “Agency” means the Agency...
• 394.4788 - Use Of Certain Pmatf Funds For The Purchase Of Acute Care Mental Health Services.
  (1) A hospital may be eligible to be reimbursed an amount no greater than the hospital’s previous year contribution to the PMATF for acute mental health...
• 394.4789 - Establishment Of Referral Process And Eligibility Determination.
  (1) It is the intent of the Legislature that a hospital which seeks payment under s. 394.4788 shall accept referrals from the department. However, a hospital...
• 394.47891 - Military Veterans And Servicemembers Court Programs.
  The chief judge of each judicial circuit may establish a Military Veterans and Servicemembers Court Program under which veterans, as defined in s. 1.01, and...

Last modified: September 23, 2016