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Florida Mental Health and Substance Abuse Act (HB 7021) signed into law.

7/15/2024

 
On June 14, 2024, HB 7021 (known as The Florida Mental Health and Substance Abuse Act) was signed into law. Given an appropriation of $50M, the bill will make important updates and revisions to Florida's Baker and Marchman Acts. This is occurring for the first time since they originated in 1971 and 1993, respectively.

As Fastdemocracy reports, the following changes are being made:
The bill amends the Baker Act in that it:
-Combines processes for courts to order individuals to involuntary outpatient services and involuntary inpatient placement in the Baker Act, to streamline the process for obtaining involuntary services, and providing more flexibility for courts to meet individuals’ treatment needs.
-Grants law enforcement officers discretion on initiating involuntary examinations.

The bill amends the Marchman Act in that it:
-Repeals existing provisions for court-ordered involuntary assessments and stabilization in the Marchman Act, and creates a new consolidated involuntary treatment process.
-Prohibits courts from ordering an individual with a developmental disability who lacks a co-occurring mental illness to a state mental health treatment facility for involuntary inpatient placement.
-Revises the voluntariness provision under the Baker Act to allow a minor's voluntary admission after a clinical review, rather than a hearing, has been conducted.
-Authorizes a witness to appear remotely upon a showing of good cause and with consent by all parties.
-Allows an individual to be admitted as a civil patient in a state mental health treatment facility without a transfer evaluation and prohibits a court, in a hearing for placement in a treatment facility, from considering substantive information in the transfer evaluation unless the evaluator testifies at the hearing.

The bill amends both acts in that it:
-Creates a more comprehensive and personalized discharge planning process.
-Requires the Louis de la Parte Florida Mental Health Institute to prepare and publish certain reports on its website.
-Removes the 30-bed cap for crisis stabilization units.

Additionally, Physician Assistants and ARNP's will be allowed to practice in psychiatric settings for physical healthcare. Florida's Department of Children and Families will implement these changes. The bill passed unanimously throughout the Florida legislature.

For a full reading of the bill, please go here: www.flsenate.gov/Session/Bill/2024/7021/BillText/er/PDF

Click here for the Fastdemocracy resource:
​fastdemocracy.com/bill-search/fl/2024/bills/FLB00031311/

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